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(영문) 인천지방법원 부천지원 2018.06.20 2018고단1088
폭력행위등처벌에관한법률위반(공동상해)
Text

Defendant

A shall be punished by imprisonment with prison labor for four months and by imprisonment for eight months.

However, this decision is delivered to the Defendants.

Reasons

Punishment of the crime

1. Defendants in violation of the Punishment of Violences, etc. Act (joint injury) jointly committed assault to the victim E (37 tax) and the pedestrian problem inside the restaurant while drinking alcohol at the D cafeteria located in Seocheon-si, Busan on January 28, 2018, Defendant A committed an injury to the victim, i.e., the victim E (37 years of age) and the victim’s face. Defendant B committed an assault, i.e., assaulting the victim’s face by drinking it on a 14-day basis.

2. Defendant B’s special injury the following time, time, and place:

When citing a small-scale illness, which is a dangerous object on a table, the part of the Victim F (F, 38 years of age), who is a single driver of E, inflicted an injury on the victim, such as an injury that requires treatment for about 14 days, and an open part of the mouth of the mouth.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement made by the police with regard to F;

1. Each injury diagnosis letter;

1. Application of Acts and subordinate statutes to photographs by cutting down a victim, on-site photograph, or CCTV image;

1. Article 2 (2) 3 of the Punishment of Violences, etc. Act, Article 257 (1) of the Criminal Act, Article 2 (2) 3 of the Punishment of Violences, etc., and Article 2 of the Criminal Act, Article 2 (1) of the Punishment of Violences, etc. Act, Article 257 (1) of the Criminal Act (the point of joint injury, the choice of imprisonment), Articles 258-2 (1) and 257 (1) of the Criminal Act (the special injury)

1. Defendant B who has aggravated concurrent crimes: the punishment provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the aggravated punishment shall be based on the aggravated punishment of concurrent crimes with the punishment provided for in the Act on the Punishment of Violences, etc. with the largest punishment: Provided, That the lowest punishment shall be based on the punishment provided for special bodily injury);

1. Defendant B who is to be mitigated: Articles 53 and 55 (1) 3 of the Criminal Act;

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

1. Defendants of the community service order: The following circumstances and Defendant for sentencing under Article 62-2 of the Criminal Act.

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