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(영문) 수원지방법원 2017.01.12 2016고단5658

폭력행위등처벌에관한법률위반(공동상해)등

Text

Defendant

A Imprisonment of 10 months, Defendant B shall be punished by a fine of 1,500,000 won.

Defendant

B The above fine.

Reasons

Punishment of the crime

1. The Defendants’ joint crime committed on May 29, 2016, on the ground that at around 01:30 on May 29, 2016, the E convenience stores located in Suwon-si, Suwon-si, the victim F (46 years of age) was not repaid to the Defendant A without paying the victim’s money. Defendant A met the victim’s face due to drinking, and Defendant A met the victim’s body at hand, followed the victim’s face by drinking, and went back to the victim’s face due to drinking. Defendant B met the victim’s clothes so that the victim’s clothes can be teared, and the victim was able to drink with drinking and drinking.

As a result, the Defendants jointly inflicted injury on the victim, such as a dushe, which requires treatment for about 21 days.

2. Defendant A’s sole criminal act was arrested of a police officer dispatched upon receipt of a report at the same time and place as that set forth in the preceding paragraph as the current offender, and the police officer assigned to the G patrol vehicle belonging to the Suwon Military Police Station, which led to the 720,225 won of the repair cost by walking the rear side of the patrol vehicle.

Accordingly, the defendant damaged the use of goods by public offices, thereby harming their utility.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement made with H and F;

1. Written estimate damage to the patrol vehicle;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Relevant Article of the Act and the choice of punishment for the crime;

A. Defendant A: Article 2(2)3 of the Punishment of Violences, etc. Act, Article 257(1) of the Criminal Act (the point of joint injury) and Article 141(1) of the Criminal Act (the point of damage to goods, etc. for public use) and each choice of imprisonment with prison labor

B. Defendant B: Article 2(2)3 of the Punishment of Violences, etc. Act, Article 257(1) of the Criminal Act (the point of joint injury) and the selection of fines

1. A aggravated criminal defendant: the former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the Criminal Act;

1. Defendant B who is detained in a workhouse: Articles 70(1) and 69(2) of the Criminal Act;

1. Defendant A who is subject to suspended execution: Reasons for sentencing under Article 62 (1) of the Criminal Act;

1. Defendant A.