피고인과 C은 2012. 9. 29. 00:00경 광주 북구 D 공사장 부근에서 피해자 E(24세), F(23세)이 자신들을 쳐다보았다는 이유로 피해자들과 다투던 중, 피고인은 그곳에 있던 위험한 물건인 각목(전체길이 95cm)을 들고 피해자 F의 머리를 1회 때려 쓰러뜨리고, 양손으로 피해자 E의 멱살을 잡아 흔들고, 주먹으로 피해자 E의 얼굴을 1회 때리고, C은 양손으로 피해자 E의 멱살을 잡아 흔들고 주먹으로 피해자 E의 얼굴을 1회 때리고 발로 쓰러져 있던 피해자 F의 몸을 1회 찼다.

Accordingly, the Defendant carried dangerous articles as above, and C, by assaulting the victims jointly with the Defendant, inflicted an injury on the victim F, such as an external blood transfusion, which requires approximately six weeks of medical treatment, and the victim E suffered an open wound for the loss requiring approximately two weeks of medical treatment.

Summary of Evidence

1. Court statement of the defendant (the third court date);

1. Police suspect interrogation protocol regarding F;

1. E statements;

1. Injury diagnosis statement (F) and investigation report (Attachment to a medical certificate);

1. Application of Acts and subordinate statutes, such as photograph of crimes;

1. Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act concerning facts constituting an offense, and Article 257 (1) of the Criminal Act;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is that the Defendant was sentenced to a two-year suspended sentence of imprisonment with prison labor for larceny at the Seoul Northern District Court on August 12, 2011, and the judgment became final and conclusive on August 20, 201, and again committed the instant crime without being able to know even during the grace period. The instant crime was committed in light of the following: (a) the Defendant carried each item of the goods dangerous to the Defendant and carried the victim’s head; and (b) the degree of damage to the victims, etc.