폭력행위등처벌에관한법률위반(공동상해)
A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Punishment of the crime
On May 15, 2019, the Defendant was sentenced to a suspended sentence of one year for a special injury to Daejeon District Court for a crime of injury. On May 15, 2019, the above judgment was finalized on the 23th of the same month.
Criminal facts
피고인과 B은 공동하여 2019. 3. 1. 03:00경 내지 04:00경 사이에 대전 서구 C에 있는 ‘D노래방’ 1층에서, 자신의 일행과 피고인, B이 시비가 된 것으로 오해한 피해자 E(18세)이 피고인, B에게 이를 따진 것을 기화로 피해자에게 사과를 요구하면서 시비가 되어 피고인은 피해자의 얼굴 부위를 주먹으로 수회 때리고, 고개를 숙인 피해자의 머리채를 잡고 무릎으로 피해자의 얼굴 부위와 옆구리를 수회 차고, B은 손바닥으로 피해자의 뺨을 1회 때리고, 무릎으로 피해자의 옆구리를 수회 찼다.
As a result, the Defendant and B jointly inflicted injury on the victim, such as the cutting of the body of ducts and the closing of the body that requires treatment for about 21 days.
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement concerning E and F;
1. Application of Acts and subordinate statutes to a medical certificate or complaint;
1. Relevant Article 2 (2) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes, Article 2 (2) 1 of the Criminal Act, Article 257 (1) of the Criminal Act, the choice of imprisonment;
1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;
1. Article 62 (1) of the Criminal Act;
1. Probation and community service order Article 62-2 of the Criminal Act repeats delinquency despite juvenile protective disposition, etc. by several grounds for sentencing.
Although severe punishment is to be imposed, the punishment as ordered shall be determined by taking into account the following circumstances: (a) the age still remains, the reflects, the latter part of Article 37 of the Criminal Act is concurrent crimes; and (b) the Defendant’s age, character and conduct, environment, family relationship, motive and consequence of the crime, circumstances after the crime, etc. and the conditions of sentencing specified in the argument of this case.