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(영문) 대구지방법원 2018.10.11 2018고단3053

폭력행위등처벌에관한법률위반(공동상해)

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[Criminal Records] On June 13, 2017, the Defendant was sentenced to a suspended sentence of three years in the year and June of imprisonment due to a special injury by the Daegu District Court, and the judgment became final and conclusive on October 26, 2017.

[2] On September 19, 2017, the Defendant and C used a bicycle that was installed in the area of the victim F and the victim F, on the grounds that the victim F (24 years of age) and the victim G (30 years of age) were able to see their own on the front side of the “Ekbook” located in G, G, and C around 02:15 on September 19, 2017, the Defendant and C were able to see the victim F (24 years of age) and the victim G (30 years of age). The Defendant and C were able to see the victim F, who sat on the bridge, and sat the face of the victim F, who was satched on the bridge. The Defendant was able to see the victim F with drinking and satch.

In addition, the defendant took the face of the victim G by drinking it, and C took the face of the victim G by combining it with it.

As a result, the defendant and C jointly inflict injury on the victim FF, such as cutting a duct for about four weeks of medical treatment, and the victim G put about a multi-face of face requiring approximately two weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to G, F, H, and I;

1. Written Statement;

1. Each written diagnosis;

1. An investigation report (in relation to the attachment of CCTV image data installed in a Kel near the scene of damage);

1. Previous conviction in judgment: A reply to inquiry, such as criminal history, summary information of the case, and application of the text of the judgment;

1. Article 2 (2) 3 of the Punishment of Violences, etc. Act and Article 257 (1) of the Criminal Act concerning facts constituting an offense; and Article 25 of the same Act concerning the selection of a punishment (the choice of imprisonment with prison labor);

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. The instant crime on the grounds of sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act that aggravated concurrent crimes was committed by the victims on the grounds that the Defendant jointly committed the instant crime with C, thereby causing an injury to the victims, such as the background of the crime, the degree of injury to the victims, etc.