폭력행위등처벌에관한법률위반(공동상해)
A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Punishment of the crime
On January 20, 2016, the Defendant, along with E on January 20, 2016, demanded the victim G (26 years of age) located in Busan Busan District Government (hereinafter referred to as the “H”) to re-bend the guest who already left the room under the influence of alcohol at the amusement station of “H”, and requested the victim to do so, and the Defendant took three times of the victim’s eye due to his finger, and the Defendant took three times of the victim’s face due to his finger, and E used one time of the victim’s eye by drinking, and thereafter the Defendant and E added the victim’s face on several occasions.
As a result, the defendant, in collaboration with E, inflicted bodily injury on the right side and the framework that require approximately eight weeks of medical treatment.
Summary of Evidence
1. A protocol concerning the examination of the accused;
1. Each protocol of suspect interrogation of E and G and a written statement of E;
1. Filing an investigation report (to listen to the extent of damage by theG, to the site conditions, to the use of damaged photographs and outfits);
1. Article 2 (2) 3 of the Punishment of Violences, etc. Act, Article 257 (1) of the Criminal Act, the selection of imprisonment with prison labor, and the selection of punishment for a crime;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. Reasons for sentencing under Article 62-2 of the Criminal Code of the Order to Attend Education [Scope of Recommendation] The execution of imprisonment shall be suspended in consideration of the following: (a) the basic area (4 months to one year and six months), (including special mitigation (including efforts to recover damage), the punishment is not imposed, or considerable damage is recovered; (b) the serious injury (1 and four types) [decision of sentence] has many records of the same type of force, and the damage is not easy; (c) there are many kinds of records of the same type of force; (d) the damage seems to be an incidental crime; and (e) the execution of imprisonment is to be done in consideration of the fact that an agreement is reached with the victim; (e) the occurrence of any contingent crime; and (e)