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(영문) 부산지방법원 서부지원 2017.05.17 2017고단99

폭력행위등처벌에관한법률위반(공동상해)

Text

Defendants shall be punished by imprisonment for a maximum of four months and by a short of two months.

Reasons

Punishment of the crime

1. The Defendants jointly committed the crime (the violation of the Punishment of Violences, etc. Act (joint injury) around 03:00 on December 8, 2016, around E convenience stores located near the Busan Northern-gu D apartment, the Defendants took the face of the victim F (18 tax) with the floor of hand and drinking, taken the dub of the victim, taken the dub of the victim into the above apartment parking lot, led the victim to the victim’s face and the bridge to the above apartment parking lot, and took the victim’s face and bridge into account by drinking and drinking.

The Defendants continued to attract the victim to the above apartment commercial toilet, Ga, ring the victim's face into the toilet gate, and see the back part of the victim's head with the hand floor. Defendant B supported the victim's part by a cigaretteing, supported the victim's part by having him enter the 500m color with his gate, and ring the 500m color with his gate. Defendant A her face with the hand floor. Defendant A her 4m of the above apartment building, led the victim to the stairs of the 4m of the above apartment building, and her victim et al. were cut over under the direction of the tight.

As a result, the Defendants jointly assaulted the victim as above and inflicted injury on the victim, such as the eyebrow eye, face bed, face bed, etc., which requires approximately two weeks of treatment.

2. On January 12, 2017, around 03:00, Defendant B assaulted the victim’s face one time at the toilet of the first floor in Busan Northern-dong on the ground that the said victim was unable to have a telephone.

Summary of Evidence

1. Defendants’ legal statement

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

1. Application of the Acts and subordinate statutes on the diagnosis certificate of injury and photographs of the upper part;

1. Relevant Article 2(2)3 of the Act on the Punishment of Violences, etc. against Criminal Facts, Article 2(2)3 of the Act on the Selection of Punishment of Violences, etc., Article 257(1) of the Criminal Act (the point of joint injury) and Article 260(1) of the Criminal Act (the point of violence) of the Criminal Act, and the selection of each imprisonment

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

1. Reasons for sentencing of Articles 2 and 60(1) of the Illegal Juvenile Act.