beta
(영문) 인천지방법원 2018.10.11 2018고단4160

폭력행위등처벌에관한법률위반(공동상해)

Text

Defendant

A shall be punished by imprisonment for eight months, by a fine of 50,000 won.

Defendant

B does not pay the above fine.

Reasons

Punishment of the crime

On January 6, 2018, at around 22:30, the Defendants jointly put the main points of the “E” located in Nam-gu Incheon Metropolitan City, where the victim F (the 44 years of age) was the main points of the Defendant B, and when the appraisal took part in the injury horse fighting, and the Defendant B threatened the victim’s arms with the victim’s hand, thereby threatening the victim’s body, harming the victim, and was pushed up with the victim’s body, and the Defendant A took part in the victim’s knife, took part in the knife, took part in the knife, took part in the knife, took part in the knife, took part in the knife, took part in the head, took part in the knife knife, knife the knife 6,7 times a week’s right side for treatment.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes, such as photographs of injuries and diagnostic notes;

1. Relevant Article of the Act and the choice of punishment for the crime;

A. Defendant A: Article 2(2)3 of the Punishment of Violences, etc. Act, Article 257(1) of the Criminal Act, and Article 257(1) of the Criminal Act, the choice of imprisonment;

B. Defendant B: Article 2(2)3 of the Punishment of Violences, etc. Act, Article 257(1) of the Criminal Act, and selection of fines

1. Defendant B detained in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Defendant A who is subject to suspended execution: Article 62(1) of the Criminal Act (The conditions favorable to the reasons for sentencing specified below);

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. The scope of punishment;

(a) Defendant A: Imprisonment with prison labor for not less than one month but not more than ten years and not more than six months;

(b) Defendant B: Fines of not less than 50,000 won but not more than 15 million won;

2. The sentencing criteria shall not apply to Defendant B of the scope of the recommended punishment according to the sentencing guidelines for Defendant A, since they were selected to impose a fine on Defendant B. [The type of determination] violent crimes, general injury, and type 1 (general injury) [the person subject to special sentencing] mitigation elements: Imprisonment with labor for not more than two months from February to one year (the area of mitigation).

3. Determination of sentence;

A. Defendant A: Imprisonment with prison labor for eight months and two years of suspended execution.