beta
(영문) 인천지방법원 2018.04.04 2017고단4615

폭력행위등처벌에관한법률위반(공동상해)등

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

1. In around 05:05 on October 31, 2016, the Defendant was the head of the victim following the Defendant’s disease, who was a dangerous object on the table table, on the ground that: (a) the Defendant was drinking together with the victim D(26 tax) who was under the restriction of the school prior to the Defendant’s towing; (b) the victim’s new female-friendly appearance E; and (c) the Defendant was drinking together with the Defendant’s friendly F; (d) the Defendant was suffering from a fluoral disease, which was a dangerous object on the table.

As a result, the defendant carried dangerous objects and carried about about 10-day medical treatment to the victim.

2. 폭력행위 등 처벌에 관한 법률위반( 공동 상해) 피고인과 F는 2016. 10. 31. 06:25 경 인천 남구 G 앞길에서, 제 1 항 기재 D, 피해자 E( 여, 21세) 과 재차 시비가 붙자, F는 손으로 피해자의 머리채를 잡아 흔들다가 피해자를 바닥으로 밀어 넘어트리고, 피해자의 머리를 바닥에 찧고, 피고인은 이에 가세하여 손으로 피해자의 얼굴을 때렸다.

As a result, the Defendant, in collaboration with F, suffered bodily injury, such as the impairment of the two skins that require medical treatment for about two weeks.

Summary of Evidence

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police against D;

1. E statements;

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

1. Article 258-2 of the Criminal Act applicable to the crime, Articles 258-2 (1), 257 (1) (the point of special injury) of the Criminal Act, Article 2 (2) 3 of the Punishment of Violences, etc. Act, Article 257 (1) of the Criminal Act (the point of joint injury, the choice of imprisonment with labor).

1. The sentencing conditions specified in the trial process of the instant case, including the Defendant’s age, sexual intercourse, family relationship, family environment, motive and means of the crime, and circumstances after the crime, are comprehensively taken into account for the reasons for sentencing under the former part of Article 37, Article 38 subparag. 1 subparag. 2, and Article 50 of the Aggravated Punishment of Concurrent Crimes.

The defendant agreed with the victim on the crime of special injury.

damage caused by joint injury.