beta
(영문) 인천지방법원 2019.07.24 2019고단1679

폭력행위등처벌에관한법률위반(공동상해)

Text

Defendant

A Imprisonment with prison labor for eight months and for ten months, respectively.

However, as to Defendant B, this shall not apply.

Reasons

Punishment of the crime

[Criminal Power] On May 11, 2016, Defendant A was sentenced to one year of imprisonment for a special injury teacher by the Incheon District Court, and the execution of the sentence was terminated on July 8, 2016 by the Incheon Detention Center.

【Criminal Facts】

On March 1, 2019, at around 00:50, the Defendants used “D” located in Michuhol-gu Incheon Metropolitan City, and used the victim E (31 years of age) and Defendant A to take the eye of each other, and Defendant B used the victim’s left face one time in a lush, leading the victim’s left side less than the lower part of the rush, leading the victim, and Defendant A assaulted the victim’s left face two times by the lush hand.

Afterwards, the Defendants: (a) committed assault against the victim’s face by towing the victim at a small room, and (b) committed assault against the victim’s face by hand; (c) Defendant B left three times the victim’s left head part of the victim’s left head, with the knive hand, which is a dangerous object in the wall.

Afterwards, the defendants are able to see the victim from the outside stairs of the entrance, and the defendant A used the victim on the floor, and set up the victim's neck in a single time, and the defendant B resisted and resisted the victim's neck, and the defendant B took up the victim's face by a hand that gets off the victim's head.

As a result, the Defendants jointly carried dangerous articles and caused the victim to tear the left head part, and partly removed the left part on the left part of the body, which cannot be identified the number of treatment days.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement to E by the police;

1. Egram of a victim;

1. CCTV image CDs;

1. Previous records of judgment: Criminal records, inquiry records, confirmation of facts during the period of repeated crimes A, copies of judgment, and current status of confinement of each individual;

1. Article applicable to criminal facts;

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

B. Defendant B: Violence, etc.