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(영문) 창원지방법원 2017.01.19 2016고단3584

폭력행위등처벌에관한법률위반(공동상해)

Text

Defendant

A shall be punished by imprisonment with prison labor for eight months and by imprisonment for six months.

on the part of the defendant B.

Reasons

Punishment of the crime

Defendant

A, on July 23, 2016, around 02:00, after drinking alcohol in the "E" restaurant located in the window of Changwon-si, Changwon-si, on the ground that a victim F (35 years) (35 years) was brought to dispute while drinking tobacco outside the restaurant to smoke.

Defendant

A, after re-entry into a restaurant, he takes each other's bath on the ground that the victim is able to repair the victim, and while paying the trial expenses, he gets the victim to have the face part of the victim's face damaged by drinking by the victim, and continuously took the face part of the victim's face, and Defendant B, who is the driver of the above A, took the part of the victim's face as his hand and took the face part of the victim's face in drinking.

As a result, the Defendants jointly inflicted injury on the victim, such as the mouth and the frame of the inner and floor that require treatment between approximately 42 days among the three watersides, which require treatment for about 42 days, and approximately 21 days.

Summary of Evidence

1. Defendants’ respective legal statements

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

1. A investigation report (Attachment to a screen by cutting off theCCTV screen);

1. Each injury diagnosis letter;

1. Application of statutes on site photographs;

1. The Defendants: Article 2(2)3 of the Punishment of Violences, etc. Act, Article 257(1) of the Criminal Act, Article 257(1) of the Criminal Act, the choice of imprisonment, etc.

1. Defendant B: The sentencing conditions indicated in the instant records, including the following circumstances and the Defendant’s age, sexual conduct, family relationship, family environment, motive and means of the crime, and circumstances after the crime, on the grounds of sentencing under Article 62(1) of the Criminal Act (the favorable circumstances to be considered below), shall be determined as set forth in the text.

1. The defendant A’s unfavorable circumstances: The crime of this case was committed under the initiative of the defendant, the victim’s degree of damage is serious, and the victim is a severe punishment against the defendant, and the defendant’s protective disposition and suspension of indictment are committed several times prior to this case.