logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2020.08.13 2020고단2130
폭력행위등처벌에관한법률위반(공동상해)
Text

Defendants shall be punished by imprisonment for four months.

However, for one year from the date this judgment became final and conclusive against the Defendants.

Reasons

Punishment of the crime

On March 1, 2020, at around 03:20, the Defendants: (a) in the building D of Busan-gu, Busan-do, the elevator of the above building: (b) Defendant C followed the launch of the victim E (the south and the age of 27) and continued to dispute from the elevator to the first floor of the above building; (c) Defendant A off the safety of the victim; (d) Defendant A was deprived of the upper part of the victim; (d) Defendant B was led by hand; (e) the back part of the victim’s main part; (e) the victim’s body was cut back; (e) the victim’s body was sealed with the wall; and (e) Defendant C was frighted with the victim’s body, such as the victim’s frightbage, and frighting the fright for about 43 days.

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

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement to E by the police;

1. Application of the medical certificate, the upper part of the medical report, the field photographs of the incident, and the Acts and subordinate statutes that capture CCTVs;

1. Relevant Article 2(2)3 of the Punishment of Violences, etc. Act, Article 257(1) of the Criminal Act, and Article 257(1) of the same Act, the choice of imprisonment for a crime

1. Defendants subject to suspended execution: The Defendants of the community service order under Article 62(1) of the Criminal Act: The grounds for sentencing under Article 62-2 of the Criminal Act

1. Scope of punishment by law: Imprisonment with prison labor for one month to ten years;

2. The scope of recommendation [decision of types] according to the sentencing guidelines and the general injury [Type 1] general injury (special person who has a penalty): Reduction element of punishment: serious injury (the area of recommendation and recommendation range], basic area [the scope of recommendation range and recommendation range], and April through June of each year and six months.

3. Determination of sentence: 4 months of imprisonment, 1 year of suspended sentence, and 80 hours of community service order (80 hours) the Defendants jointly used violence against the victim on the grounds of minor negligence, and the degree of injury suffered by the victim is not easy.

However, there is no history of criminal punishment against the Defendants, and the victim is not subject to criminal punishment by mutual consent with the victim.

arrow