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(영문) 대구지방법원 2015.01.16 2014고단5439

폭력행위등처벌에관한법률위반(공동상해)

Text

Defendant

A shall be punished by imprisonment for six months, by a fine of one thousand won,00,000 won, respectively.

Defendant

B and C above fine.

Reasons

Punishment of the crime

On September 12, 2014, at around 22:30, the Defendants: (a) were working in the front section of “F” area located in Sinsan City E on the ground that the movement of the victim G (the age of 39) who had been satisfing in the front section of Sinsan City, was satisfyd; (b) Defendant B was satisfing twice the victim G’s batfat; (c) Defendant A was fatd twice the fat face; (d) Defendant A fatd the batf of the victim H (the age of 39) and fated the bat at one time at the right side of drinking; and (e) Defendant C was fatd twice the victim H’s face by drinking.

As a result, the Defendants jointly inflicted injury on the victim G, such as snow flady disorder requiring approximately two weeks of treatment, and the victim H had approximately three weeks of treatment.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement of police statement related to G and H;

1. Application of Acts and subordinate statutes to a report on internal investigation (Attachment of a written diagnosis of injury), each written diagnosis of injury (H and G), an investigation report (Attachment of CCTV at the site), and an investigation report (the confirmation of a perpetrator who causes the death of the victim H and the frame);

1. Article 2 (2) and (1) 3 of the Punishment of Violences, etc. Act as to the facts constituting an offense, and Article 257 (1) of the Criminal Act (the choice of each fine for the defendant A, the defendant B, and C);

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

1. Defendant B and C at 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 (hereinafter referred to as “Chocks favorable to the following sentencing grounds”);

1. Defendant A of the community service order: An unfavorable circumstance or circumstance that is not agreed with the victims of reasons for sentencing under Article 62-2 of the Criminal Act; the Defendants led to confession of the crime and reflect their mistakes in depth; the Defendants deposited a total of KRW 1.5 million to the victims; the degree of the Defendants’ participation; the degree of the victim’s injury; and other Defendants’ criminal records, age, character and conduct.