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(영문) 대구지방법원 서부지원 2015.12.22 2015고단174 (1)
폭력행위등처벌에관한법률위반(공동상해)등
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Violation of the Punishment of Violence, etc. Act (joint injury), Defendant B, C, and D are the parents of Vietnam, and around 00:10 on December 28, 2014, the victim G (G, 30 years of age) and Si reserve while drinking alcohol in the 'F' singing room located in Daegu-gu, Daegu-gu, Seoul-gu on December 28, 2014. The Defendant was sealed the victim's chest by both descendants, and the part of the victim's head was carried by drinking, and the victim's head was walking by walking the part of the victim's bridge, the Defendant, C, and D were charged with drinking alcohol.

As a result, the Defendant, in collaboration with B, C, and D, inflicted injury on the victim, such as chest in need of treatment for about two weeks.

2. The Defendants, B, C, and D interfered with their duties, as described in the foregoing paragraph 1 at the date and time, place, and place, and as described in the foregoing paragraph 1, G and C were able to take a large voice in the process of physical fighting, and were engaged in a disturbance, such as gathering plastic chairs, so that singing customers may take out the disturbance.

Accordingly, in collusion with B, C, and D, the Defendant interfered with the victim H’s singinging business by force.

Summary of Evidence

1. Each legal statement of the defendant, B, C, and D;

1. Each police statement of H and G;

1. Application of Acts and subordinate statutes to investigation reports (Attachment of G Injury Diagnosis Reports);

1. Article 2 (2) and Article 2 (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes, Article 2 (1) of the Criminal Act, Article 257 (1) of the Criminal Act, Articles 314 (1) and 30 of the Criminal Act, the selection of imprisonment with prison labor;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Suspension of execution under Article 62 (1) of the Criminal Act (i.e., confession, reflectivity, the agreement with the victim about interference with business, degree of injury, etc.);

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