beta
(영문) 대구지방법원 포항지원 2013.10.16 2013고단847

폭력행위등처벌에관한법률위반(공동상해)

Text

Defendant

A A shall be punished by a fine of three million won, by imprisonment with prison labor of Defendant B, and by imprisonment with prison labor of one year and six months.

Defendant

A The above fine shall be imposed.

Reasons

Punishment of the crime

At around 02:30 on July 23, 2013, the Defendants were victims F (34 years of age) who drinked alcoholic beverages from other tables among the E main points located in North Korea-gu, Mapo-si, Mapo-si, Mapo-si, and Defendant B had the face part of the victim, which is a dangerous object, when the victim’s face part is taken in drinking, etc., and the victim’s face part is taken once. Defendant A had the victim’s face part by drinking and drinking, etc., and Defendant A had the victim’s face part, etc. at approximately 4 weeks of treatment.

As a result, Defendant B carried dangerous articles, and Defendant A, jointly with Defendant B, inflicted an injury on the victim.

Summary of Evidence

1. Defendants’ respective legal statements

1. The police statement concerning F;

1. Application of Acts and subordinate statutes to investigation reports (Attachment of medical certificates);

1. Article 2 (2) and (1) 3 of the Punishment of Violences, etc. Act, Article 257 (1) (Selection of Fine) of the Criminal Act, Defendant B: Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act, Article 257 (1) 1 of the Criminal Act, Article 257 (1) 3 of the Criminal Act;

1. Defendant B’s discretionary mitigation: Articles 53 and 55(1)3 of the Criminal Act;

1. Defendant A at a workhouse: Articles 70 and 69(2) of the Criminal Act;

1. Defendant B of suspended execution: Article 62 (1) of the Criminal Act (Consideration of the confession and reflective nature of the defendant, and the agreement with the victim);

1. Defendant B of the community service order: Article 62-2 of the Criminal Act;