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(영문) 수원지방법원 안산지원 2012.10.26 2012고단1337

폭력행위등처벌에관한법률위반(공동상해)

Text

Defendant

A shall be punished by imprisonment with prison labor for eight months and by imprisonment for six months.

, however, for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

피고인들은 2012. 3. 15. 23:00경 광명시 광명동 158-976에 있는 광명사거리역 5번 출구 앞 노상에서 귀가하려고 택시를 기다리던 중, 피고인 A은 피해자 D(53세)와 어깨를 부딪치자 화가 나 주먹으로 피해자의 왼쪽 눈 부위를 1회 때리고 고개를 숙인 채 자신의 옷자락을 붙잡는 피해자의 얼굴과 옆구리 등을 주먹으로 수회 때리고 바닥에 넘어진 피해자의 몸을 발로 걷어차고, 피고인 B은 피해자의 옆구리 등을 발로 걷어차고 바닥에 넘어진 피해자의 몸통을 발로 수회 걷어찼다.

As a result, the defendants jointly put about about 35 days of treatment to the victims, such as safety and sacrificing.

Summary of Evidence

1. Defendants’ partial statement

1. Legal statement of D or E;

1. E prosecutorial statement;

1. An injury diagnosis certificate (D);

1. Application of Acts and subordinate statutes to photographs of damaged parts;

1. The Defendants of relevant criminal facts: Article 2 (2) and (1) 3 of the Punishment of Violences, etc. Act and Article 257 (1) of the Criminal Act

1. Defendants on probation: Article 62(1) of the Criminal Act

1. Defendants of the community service order: Defendant A’s judgment as to the Defendants’ assertion under Article 62-2 of the Criminal Act is the victim and breath, and the head of flap.

Although it was written, it is argued that there was no written injury, such as drinking to the victim, and Defendant B only told the dispute between Defendant A and the victim and did not cause the injury to the victim.

In other words, the following circumstances acknowledged by the evidence mentioned above, i.e., ① the victim suffered an injury by Defendant A, such as drinking the victim, and consistently stated that the victim was at the time of the victim’s body, and ② the victim’s work, E, a criminal investigation agency, and the victim’s work, assault the victim.