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(영문) 대전지방법원 2014.02.13 2013고단4563
폭력행위등처벌에관한법률위반(공동상해)
Text

1. Defendant A shall be punished by imprisonment for eight months.

However, the execution of the above punishment for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 23, 2013, at around 22:37, the Defendants jointly met the face of the Victim D (the age of 40) driven by the Defendant A, which was driven by the Defendant A, at the front of the tin building in the Jungcheon-gu, Daejeon-dong 326-27, Jungcheon-gu, Daejeon, due to the collision between the victim D (the age of 40) who was driving by the Defendant A. The Defendant A had the face of the victim F (the age of 41) who was driving by the victim D and his driving by drinking, once every time, and the Defendant B had the body of the above F, which was used on the floor, once turned out by the Defendant B, and when the victims' face, etc. were reached, the Defendants sustained the victim D with approximately 28 days of open therapy, etc., and inferred the victim F for about 14 days of injury necessary for treatment.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement of each police statement made to F and D;

1. Application of Acts and subordinate statutes to an investigation report (Attachment to a video attachment), and (Attachment to a Certificate of Injury);

1. Article 2 (2) and (1) 3 of the Punishment of Violences, etc. Act and Article 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. Defendant A: Defendant B who has chosen to imprisonment with prison labor: Selection of fine;

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

1. Articles 70 and 69 (2) of the Criminal Act;

1. Article 62 (1) of the Criminal Act (Defendant A);

1. The reasons for the crime of sentencing of Article 334(1) of the Criminal Procedure Act (Defendant B) and the degree of assault by each of the Defendants (where Defendant A and D were at the time of Defendant A’s assault, Defendant B prevents Defendant B from attempting to escape D while Defendant A assaulted Defendant A. However, Defendant A’s participation from the time of the assault committed by Defendant B, and subsequently, the Defendants assaulted Defendant B to commit the victim’s additional assault) and the degree of injury by the victims (in particular, the serious injury to the victimD occurred, and it seems that the injury was mainly caused by Defendant A’s assault).

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