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(영문) 대구지방법원 김천지원 2021.01.13 2020고단868
폭력행위등처벌에관한법률위반(공동상해)
Text

Defendants shall be punished by imprisonment for four months.

However, the execution of each of the above penalties shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 4, 2020, at the D cafeteria located in Kimcheon-si, Kimcheon-si, around 2020.3. 20:16, the Defendants were to have a dispute with the victim E ( South 54 years of age) on the ground that the victim was bad in drinking with the victim E while drinking alcohol. Defendant B was able to take the shoulder of the victim and take the face of the victim on his hand, and the victim was able to take the face of the victim on his drinking, and the victim was able to take the face of the victim on his drinking, and Defendant B was able to take the face of the victim on his boom and drinking, and Defendant A was able to take the face of the victim on his hand, and the victim was knee knee k, and the Defendants were able to take the face of the victim on drinking together.

이로써 피고인들은 공동하여 피해자의 혓바닥이 일부 절단되는 등 피해자에게 치료 일수를 알 수 없는 상해를 가하였다.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to an investigation report and a report on internal investigation (on-site CCTV verification);

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

1. Defendants of a suspended sentence: Reasons for sentencing under Article 62(1) of the Criminal Act; and

1. Scope of applicable sentences under law: Imprisonment with prison labor for one month to ten years;

2. The scope of the recommended punishment according to the sentencing guidelines [type 1] general injury [type 1] general injury [including special sentencing factors] mitigation factors: Where the penalty is not imposed (including serious efforts to recover damage) or considerable damage has been recovered, the reduction area of the punishment [the territory of the recommendation and the scope of the recommended punishment], February through October.

3. In light of the background and content of the instant crime in which the Defendants jointly committed an injury to the victim, the degree of injury inflicted on the victim is not good. However, the Defendants recognized the crime, agreed with the victim, and other matters, including the Defendant’s age, sex, environment, and crime.

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