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Reasons
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(영문) 대구지방법원 서부지원 2016.11.25 2016고단1074
폭력행위등처벌에관한법률위반(공동상해)
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Defendant

A shall be punished by imprisonment with prison labor for four months, for six months, for Defendant B and C.

However, for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 16, 2015, at around 03:45, the Defendants suffered time expenses from the victim G (the age of 18) under the influence of Defendant A in front of the F convenience point in Daegu Simgu E, and Defendant A took the hand floor of the victim one time, taken the victim's face one time, taken the victim's face one time with drinking, taken the victim's face several times, taken the victim's face several times by hand, Defendant B took the victim's head by hand, taken the victim's head at hand, and took the victim's face at one time. Defendant C took the victim's face by drinking, and Defendant C took the victim's face one time.

As a result, the Defendants jointly inflicted an injury on the victim, such as an internal inception, an inception, and an inception, which requires approximately three weeks of treatment.

Summary of Evidence

1. The defendant A's partial statement

1. Legal statement of the witness H;

1. Partial statement of witness G;

1. Statement of the police officer concerning G and protocol of suspect examination of the police officer;

1. Damage photographs;

1. Application of Acts and subordinate statutes (Evidence No. 20 pages);

1. Relevant Article 2(2) and (1)3 of the former Punishment of Violences, etc. Act (amended by Act No. 13718, Jan. 6, 2016); Article 257(1) of the Criminal Act (amended by Act No. 13718, Jan. 6, 2016);

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

1. Defendants of the community service order: Article 62-2 of the Criminal Act

1. The Defendants who bear the costs of lawsuit: Defendant B, C, and the defense counsel’s assertion regarding Defendant B, C, and the defense counsel under Article 186(1) of the Criminal Procedure Act asserted that the above Defendants only made an assault against Defendant A at the time of the instant case, and that there was no assault against the victim.

However, according to the evidence of the judgment, the defendant B and C can sufficiently recognize the fact of injury to the victim jointly with the defendant A as stated in the facts of crime in the judgment.

Therefore, the above argument is without merit.

The defendants are jointly responsible for sentencing.

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