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(영문) 부산지방법원 서부지원 2019.09.06 2019고단1083
폭력행위등처벌에관한법률위반(공동상해)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 31, 2019, the Defendant, at around 01:00, performed alcoholic beverages with six persons, such as B and his woman-friendly job offering C, etc. at the singing room in Busan, Busan, the Defendant was forced to receive a telephone from the victim D (25 years of age) and the victim E (25 years of age) to request the deduction of the parked vehicle from the victim E (25 years of age), and was placed in the parking lot in the Busan, Seo-gu, Busan, where the parking place was parked.

At around 01:55 on the same day, the Defendant and B et al. expressed a desire to take care of the victims and their drivers to cut off their cars again in the above parking lot, including “scam, whether the vehicle would be cut off at this hour, and the gushes.” The Defendant scambling the victim E in response to this, and the Defendant scambling the victim E at one time, and the Defendant and B scam together with the victim E scam, breast, and scambling the bridge.

Then, B had the victim D's name, led about about 15 meters, and the defendant followed it when the victim D's inside part was drinking, followed by the victim D's internal part, and B had the victim's internal part on drinking once again, and had the victim suffered injury, such as an internal tension that requires about 8 weeks of medical treatment.

As a result, the defendant assaulted the victim E in cooperation with the victim Eul, and inflicted an injury on the victim D.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol concerning the examination of each police suspect against B or D;

1. Statement of the police statement of E, H and F;

1. Investigation report (20 pages of investigation records), investigation report (investigation of witnesses for shootings);

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

1. Article 2 (2) 1 of the relevant Act on the Punishment of Violences, etc. against Criminal Crimes; Article 260 (1) of the Criminal Act (the point of joint violence); 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 choice of imprisonment with prison labor;

1. Of concurrent crimes, punishment provided for in the former part of Article 37, Article 38 (1) 2 and Article 50 of the Criminal Act shall be heavier;

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