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(영문) 대전지방법원 2018.10.17 2018고단1823
폭력행위등처벌에관한법률위반(공동상해)
Text

Defendant

A Imprisonment with prison labor for one year, and for six months, for each of the defendants B.

However, this decision is delivered to the Defendants.

Reasons

Punishment of the crime

The Defendants were engaged in drinking at the “E” alcohol house located in Daejeon-gu, and the victim F(56) is a person who served a drinking at the side of the Defendants.

On October 2, 2017, the Defendants: (a) around 21:47, Defendant B expressed the victim’s desire at the packaging end; (b) and (c) ran the victim’s bath while taking the victim’s bath; (d) Defendant A sent the victim’s body back to drinking, followed the victim’s face, and went back to the victim’s body; (c) Defendant B got off the victim’s body and walked the victim’s body back to the victim’s body; and (d) Defendant B suffered injury to the victim, such as the treatment of the victim’s abundance and the number of days of treatment.

Accordingly, the Defendants jointly inflicted an injury on the victim.

Summary of Evidence

1. Partial statement of Defendant A and Defendant B’s legal statement

1. Each legal statement of witness F and G;

1. Each police statement made to F and G;

1. Application of each written diagnosis and relevant Acts and subordinate statutes;

1. Article 2 (2) of the Act on the Punishment of Violences, etc., of Specific Crimes, Selection of Punishment of Punishment of Violences, etc., Article 257 (1) of the Criminal Act, and Selection of imprisonment, respectively;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act for suspended sentence;

1. The basic area (from April to one year and six months) of the sentencing criteria [the scope of recommended punishment] general injury (the person who is subject to special sentencing]; and

2. Determination of sentence;

A. The fact that Defendant A did not receive a letter from the injured party, that the degree of participation in the crime is significant, and that there are two times the records of suspended sentence due to the same kind of crime are disadvantageously unfavorable.

However, this case is punishable by taking into account the circumstances where the victim and the defendants have occurred in the course of a dispute which is under the influence of alcohol, and the extent of damage to the victim does not seem to be serious, the defendant has no particular criminal history for the last six years, and the defendant has been detained for about five months and received a judgment.

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