폭력행위등처벌에관한법률위반(공동상해)
Defendant
B Imprisonment for eight months, Defendant A shall be punished by a fine of 4,00,000 won.
Defendant
A The above fine shall be imposed.
Punishment of the crime
1. 피고인 A, B 2013. 7. 5. 01:45경 서울 마포구 C 앞길에서 피고인 A는 피해자 D(25세)이 쳐다보았다는 이유로 주먹으로 얼굴을 수회 때리고, 발로 피해자의 얼굴, 몸통 등을 수회 걷어찼고, 피고인 B도 이에 합세하여 발로 피해자의 얼굴과 몸을 수회 걷어 차 피해자에게 약 3주간의 치료가 필요한 안면부 좌상 및 찰과상 등을 가하였다.
Accordingly, the Defendants jointly inflicted an injury on the victim D.
2. Defendant B, at the time of the foregoing fighting site as indicated in paragraph (1), caused the victim’s face by drinking in one time on the ground that the victim E (the age of 51) taken a cell phone of the victim’s unilaterally assaulted the above D, and caused the victim’s injury, i.e., the victim’s face at one time after walking the victim’s buckbuck site, and the victim followed the victim in accordance with the victim’s buck, leading about about 40 meters of the victim’s buck, leading the victim’s face, etc. by drinking the victim’s 40 meters, and taking about about four weeks of the victim’s face by drinking.
Summary of Evidence
1. Defendants’ respective legal statements
1. Each police suspect interrogation protocol regarding E;
1. Each police statement made to D, F, and G;
1. Application of Acts and subordinate statutes to the injury diagnosis statement and opinion statement;
1. Article relevant to the facts constituting an offense and the selection of punishment;
A. Defendant A: Article 2(2) and (1)3 of the Punishment of Violences, etc. Act, Article 257(1) of the Criminal Act, the selection of fines, etc.
B. Defendant B: Article 2(2) and 2(1)3 of the Punishment of Violences, etc. Act, Article 257(1) of the Criminal Act, the choice of imprisonment, and the choice of imprisonment
1. The former part of Article 37, Article 38 (1) 2 and Article 50 of the Criminal Act among concurrent crimes (Defendant B);
1. Articles 70 and 69 (2) of the Criminal Act for detention in a workhouse (Defendant A);
1. Article 62 (1) of the Criminal Act (Taking into account the fact that there is no serious criminal record of the suspension of execution of imprisonment or more, confession and reflectment, etc.);
1. Article 62-2 of the Criminal Act;