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(영문) 춘천지방법원 속초지원 2020.01.08 2019고단115
폭력행위등처벌에관한법률위반(공동상해)등
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Defendants shall be punished by imprisonment for four months.

However, from the date of the conclusion of the judgment, the defendants are above for one year.

Reasons

Punishment of the crime

1. On February 1, 2019, the Defendants jointly committed a crime: (a) around 22:00, at the D terminal waiting room in Seocho-si, Sinsi-si, Incheon, and (b) on the ground that the victim E (the age of 36) who is a terminal employee was on board the bus in a bus with a large sound in the bus; and (b) on the ground that the Defendant B was unsatured in the course of receiving a refund of the bus after taking the bus from the bus, the Defendant B was able to bread the victim’s face by hand; and (c) Defendant A was able to bread the victim’s body part on a several occasions and bread the victim’s face by drinking.

As a result, the Defendants jointly put up the victim with approximately three weeks of treatment on the part of the victim.

2. Defendant A collected one of the victim F’s plastic chairs in front of the convenience store in the waiting room at the time and place described in paragraph (1), and Defendant A destroyed the property owned by the victim, by cutting off the chair, and walking back the chair with the pole.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each statement of E, F and G;

1. A 112-reported report processing slip, a damaged photograph, and a photograph by cutting down CCTV images;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 2 (2) 3 of the Punishment of Violences, etc. Act, Article 257 (1) of the Criminal Act (the point of joint injury), Article 366 (the point of destruction and damage of property), Article 2 (2) 3 of the Punishment of Violences, etc. Act, Article 2 (1) 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;

1. Defendant A from among concurrent crimes: the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (within the scope of the sum of the long-term punishments in each of the above crimes);

1. Defendants on probation: Article 62(1) of the Criminal Act

1. Defendant A: The reasons for sentencing under Article 62-2 of the Criminal Act are recognized to be erroneous, and the defendants exceed the fine.

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