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(영문) 대구지방법원 2021.02.03 2020고단5051
폭력행위등처벌에관한법률위반(공동상해)
Text

Defendants shall be punished by imprisonment for eight months.

However, the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

피고인들은 2020. 7. 26. 03:55 경 대구 중구 C 앞 골목길에서, 피해자 D(28 세) 과 피고인 B이 서로 몸을 부딪친 일로 시비가 되어 다투다가 피고인 A은 손으로 D의 얼굴과 몸을 밀어 넘어뜨리고, 피고인 B은 D의 몸통을 발로 차고 손으로 D의 몸을 밀어 바닥에 넘어뜨렸으며, 피고인들은 넘어진 D을 주먹과 발로 수 회 때리고 걷어찼다.

The defendants E (31 tax) who were the shape of one Part D, were tightly pushed the E in his hand, and the defendants Gap then pushed the E in his hand, and the defendant Gap then saw the back of E by his hand, and the defendants blicked the ebbbbb, and flicked on the wall. The defendants blicked the ebbb, and flicked the wall above the floor.

As a result, the Defendants jointly inflicted injury on D such as a flat of the right flat, which requires approximately 6 weeks of treatment, and the flat of the flat of the flat of the flat of which requires approximately 2 weeks of treatment to E, respectively.

Summary of Evidence

1. Each protocol of the police interrogation of the Defendants regarding F, E, and D’s legal statement

1. Statement made by the police in relation to G;

1. Each photograph: “The scene of the crime, the upper part, etc. of the victims,” and “CCTV images caps”;

1. Application of Acts and subordinate statutes of an injury diagnostic certificate and diagnostic certificate;

1. Article 2 (2) 3 of the Punishment of Violences, etc. Act and Article 257 (1) of the Criminal Act concerning facts constituting an offense;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Suspension of execution: Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act for observation of protection;

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

2. The scope of the recommended sentence according to the sentencing guidelines [type 1] general injury [type 1] general injury (special sentencing factors] - mitigated factors: where the victim also has considerable responsibility for the occurrence of a crime or the expansion of damage (the territory of recommendation and the scope of recommended punishment] mitigated range, February to October (general sentencing factors) - mitigated factors: serious reflective nature.

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