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(영문) 인천지방법원 2016.02.17 2015고단3521
폭력행위등처벌에관한법률위반(공동상해)등
Text

Defendants shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[2015 Madan3521] On February 25, 2015, the Defendants discovered that the victim F (55 years of age) drinks in the outside food kitchen of the E convenience store located in Jung-gu Incheon, Jung-gu, Incheon around 01:00, and demanded the victim to pay KRW 13,000 to the victim prior to his example, but the victim did not have any money to pay.

이에 피고인 A는 피해 자를 편의점 구석으로 끌고 간 뒤, 주먹으로 피해자의 얼굴을 수회 때리고 발로 피해자의 온몸을 걷어찼다.

After the Defendants continued to sit the victim in the chair, the Defendant B had the victim go beyond the victim's face at one time on the floor by drinking the victim's face, and as a consequence, threatened the victim with the victim's body by walking the victim's body and walking the victim's body.

As a result, the Defendants jointly inflicted injury on the victim, such as the removal of the bones, which requires approximately five weeks of medical treatment.

[2015 Highest 6806] Defendant A around October 3, 2015, around 12:55, at the right entrance of the branch of the Mapo-gu, Yeongdeungpo-gu Seoul Metropolitan Government, the main entrance of the branch of the Mapo Society, etc. located in Yeongdeungpo-gu, Seoul, for the reasons that the victim G (47 years of age) was drinking while drinking and drinking alcohol, the victim's face part of the victim's face was sent back to the victim for the number of days of treatment.

Summary of Evidence

[2015 Highest 3521]

1. Defendant A’s legal statement

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

1. A medical certificate (2015 high group 6806);

1. Defendant A’s legal statement

1. A protocol concerning the examination of the police officer in G;

1. Application of Acts and subordinate statutes to photographs of injuries;

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

A. Defendants: (a) Articles 2(2) and 2(1)3 of the former Punishment of Violences, etc. Act (Amended by Act No. 13718, Jan. 6, 2016); (b) Article 2(1) of the Criminal Act (the point of joint injury) and Article 257(1) of the Criminal Act; and (c) choice of imprisonment with prison labor.

B. Defendant A: Article 257(1) of the Criminal Act (the point of injury) and the choice of imprisonment

1. Defendant A who aggravated concurrent crimes: the former part of Article 37 and Article 38(1)2 of the Criminal Act.

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