(영문) 부산지방법원 2018.04.03 2017고단6064

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(영문) 부산지방법원 2018.04.03 2017고단6064

폭력행위등처벌에관한법률위반(공동상해)

Text

Defendant

A shall be punished by a fine for negligence of KRW 1,000,000, and by a fine of KRW 3,000,000.

The Defendants respectively.

Reasons

Punishment of the crime

Defendant

B around 13:00 on July 24, 2017, around 13:00, the victim E (21) was able to assault the victim on the ground that the victim E (21) sent his own house located in Busan B, Defendant B’s after-the-job female Defendant B with a face of the victim's face, such as sending him a face message, etc., which led to assaulting the victim on the ground that he continued to do so. In other words, the victim was able to do so, and the part of the victim’s bridge, which had been living in the past, was cut back, once the victim’s arms and head, and the part of the victim’s face was able to be taken back by drinking.

Since then, Defendant B received one’s contact and asked Defendant A to assault the victim at the same time, and Defendant B controlled the victim by taking back the two arms of the victim, and Defendant A was able to take back the bridge of the victim who was tensiond with the victim, and Defendant A was able to take part in the victim’s appearance and face by drinking.

The Defendants continued to leave the victim to the floor, and followed the victim's right by launching it together.

As a result, the Defendants jointly inflicted bodily injury on the part of the victim, which requires approximately two weeks of treatment.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes of a medical 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. Article 70(1) and Article 69(2) of the Criminal Act for the attraction of a workhouse;

1. Determination of punishment by taking into account the circumstances leading up to, and degree of participation in, the Defendants’ criminal reasons for sentencing under Article 334(1) of the Criminal Procedure Act, as well as the degree of injury of the victim, shall be based on the circumstances favorable to the Defendants: (a) the Defendants recognize and reflect the criminal act; (b) Defendant A is the first offender and agreed with the victim; and (c) other conditions for sentencing specified in the trial process of the instant case, such as the Defendants’ age, sexual conduct, means and consequence of the criminal act; and (d) the following circumstances

참조조문

-폭력행위 등 처벌에 관한 법률 제2조 제2항 제3호

-형법 제69조 제2항

-형법 제70조 제1항

-형법 제257조 제1항

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