(영문) 부산지방법원 2017.01.12 2016고단5605

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(영문) 부산지방법원 2017.01.12 2016고단5605

폭력행위등처벌에관한법률위반(공동상해)등

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 3, 2016, the Defendant, at around 00:34, 2016, was in the front of the “Curel” road located in Busan, Busan, with D and E, followed by the victim H(38 tax) with the victim F(38 tax) and the victim G(37 tax) with the victim H(38 tax) who was under the influence of this alcohol.

Accordingly, the Defendant, in his hand, took the side of the victim H, the victim F, and the victim G at his hand, and D, took the face side by leaving the victim F's bridge, and walking it. E took the part of each face of the victim H, the victim F, and the victim G with the loss of the victim H, the victim F, and the victim H did not know the number of days of treatment.

Accordingly, the Defendant, in collaboration with D and E, assaulted the victim G and F, and inflicted an injury on the victim H.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of each police officer in relation to D, E, I, H, F, and G;

1. Application of each statute on photographs;

1. Relevant Article 2 (2) 1 and 3 of the Act on the Punishment of Violences, etc. for Criminal Facts, Articles 2 (2) 1 and 3 of the same Act, Articles 260 (1) and 257 (1) of the Criminal Act, and selection of imprisonment with prison labor;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. Crimes No. 1 [the scope of recommendations] for the reasons for sentencing under Article 62-2 of the Social Service Order Act: (a) the general injury [the scope of recommendations] of Type 1 (A. 1 to A. 1 year) in the area of special mitigation (a. 1 to A. 4), the minor injury (including a serious effort to recover damage), the non-c. 2 crime [the scope of recommendations] in the area of mitigation (a. 1 to 8 months), (a. 1) in the area of mitigation (including a person subject to special mitigation) in the area of mitigation (including a serious effort to recover damage) [the scope of punishment] in the area of mitigation (a. 1 to 8 months), or in the case of recovery of considerable damage (including a serious effort to recover damage), the crimes No. 3 [the scope of recommending punishment] in the area of mitigation (a. 1 to 8 months), in the area of mitigation (a. 1 to 1 of general assault) in the area of mitigation (a. 8 months).

참조조문

-폭력행위 등 처벌에 관한 법률 제2조 제2항 제1호

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