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(영문) 부산지방법원 2012.12.20 2012고단8850

폭력행위등처벌에관한법률위반(공동상해)

Text

Defendants shall be punished by imprisonment for eight months.

Provided, That each of the above punishments shall be executed for two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

1. On July 5, 2012, around 22:45, Defendant A and Defendants (hereinafter “Defendant B”) indicated in front of the “D” convenience store located in the Dong-gu Busan Metropolitan City, and indicated in his hand the air conditioners and air conditioners in order to find the ice cream desired by Defendant B in front of the convenience store.

The defendants, who suffered from the business of the above convenience store E (the 46-year old) were aware of the victim's face face, etc. on the ground that the victim's horse "h" is followed by his remarks. The defendant A continued to drive the victim after drinking and drinking, followed the victim's face, and she was faced with the victim's face by drinking in the roadside. The defendant B also saw the victim's face by drinking and drinking together with it, and then the victim's face was closed at the 9th left-hand side of the victim's face.

Accordingly, the Defendants jointly inflicted an injury on the victim.

2. Defendant B, at around 23:30 on the same day as set forth in paragraph (1), committed assault on the part of the victim E, who opened and was under investigation by opening a view of the tide inside the earth, and “YYYYYYYYY YYYYYYYYY YYYYYYYYYYYYYYYYYYYY ACTSYYYYYYYYYYYY

Summary of Evidence

1. Defendants’ legal statement

1. The police statement of G and E;

1. Application of Acts and subordinate statutes of a photograph of damage and a written diagnosis of injury;

1. The Defendants of relevant criminal facts: Article 2 (2) and (1) 3 of the Punishment of Violences, etc. Act, and Article 257 (1) (the point of joint injury) of the Criminal Act (the point of joint injury): Article 260 (1) of the Criminal Act;

1. Selection of each sentence 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. Article 62(1) of the Criminal Act on Suspension of Execution (Consideration of the motive and background of the instant crime, results of damage, deposit, criminal records of the Defendants, etc.);

1. It is so decided as per Disposition on the grounds of Article 62-2 or more of the Criminal Act of each community service order;