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(영문) 대구지방법원 서부지원 2017.12.11 2017고단1190
폭력행위등처벌에관한법률위반(공동폭행)
Text

Defendant

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

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

Reasons

Punishment of the crime

[Criminal Records] Defendant B was sentenced to a two-year suspended sentence for six months of imprisonment with labor for a violation of the Punishment of Violences, etc. Act (joint injury) in the Seoggu District Court’s Branch Branch on November 26, 2016, and the said judgment became final and conclusive on July 15, 2017.

[Criminal facts]

1. The Defendants in violation of the Punishment of Violences, etc. Act (joint assault) led to trial costs on May 11, 2017 on the ground that the victims E (24 tax) was replaced by themselves while the Defendants were taking meals in D in Daegu-gu Office C around 07:27.

Defendant

B was fleeped after the flat of the victim's head, and the defendant A was flatd with the victim's head, and the defendant A was flatd with the victim's head, and the face was flatd with the defendant B.

Accordingly, the Defendants jointly assaulted the victim.

2. Defendant B’s injury, as described in paragraph 1, became out of the restaurant, while assaulting Party B with Party A, became out of the restaurant.

피고인이 다시 식당 안으로 들어가려고 하는 것을 피해자 F( 여, 27세) 가 막아서자, 피고인은 피해자의 머리채를 잡아 끌고 바닥을 향해 내리쳐 피해자에게 10일 간의 치료가 필요한 우측 귓바퀴 부분 열창을 가하였다.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement made with respect to G, E, and F;

1. Images of the upper part of the body and CCTV-faging, and CCTV images;

1. A written diagnosis of injury;

1. Previous convictions indicated in the judgment: (B) a response to inquiries, such as criminal history, etc.; (2) a deputy branch of the Daegu District Court Decision 2016 High Court Decision 1074 High Court Decision; the text of the Daegu District Court Decision 2016No 5460; and the application of the summary information inquiry statutes

1. Relevant Article of the Act and the choice of punishment for the crime;

A. Defendant A: Article 2(2)1 of the Punishment of Violences, etc. Act; Article 260(1) of the Criminal Act; Article 260(1) of the Criminal Act; the choice of imprisonment;

B. Defendant B: Article 2(2)1 of the Punishment of Violences, etc. Act, Article 260(1) of the Criminal Act (the point of joint assault) and Article 257(1) of the Criminal Act (the point of injury) and each choice of imprisonment with prison labor

1. To treat concurrent crimes;

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