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(영문) 인천지방법원 부천지원 2015.05.15 2015고단645
폭력행위등처벌에관한법률위반(공동상해)
Text

Defendants shall be punished by imprisonment for six months.

However, each of the above defendants is against the defendants for one year from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. At around December 6, 2014, Defendant B: (a) collected goods on the floor from “D” head office located in Seocheon-si, Seocheon-si; (b) while drinking together with D, Defendant B, while drinking together with D, the victim E’s singing machines monitoring market price of KRW 330,000, the goods were damaged.

2. 피고인들의 공동범행 피고인들은 위와 같은 일시, 장소에서 소란을 피우던 중 피해자 F(55세)가 “그걸 왜 집어 던지냐 ”라고 말하자, 피고인 A는 주먹으로 피해자의 얼굴을 1회 때리고 발로 다리를 걷어 차 바닥에 넘어뜨리고, 피고인 B은 발로 피해자의 몸 부분을 5회 걷어찼다.

As a result, the Defendants jointly inflicted injury on the victim, such as a change in the right-hand land substitution drilling, which requires treatment for about four weeks.

Summary of Evidence

1. Statement of each of the accused in court;

1. Police suspect interrogation protocol regarding F;

1. Statement to E by the police;

1. A written diagnosis of injury;

1. Application of statutes on photographs of damage;

1. Article 2 (2) and (1) 3 of the Punishment of Violences, etc. Act, Article 257 (1) of the Criminal Act (the point of joint injury), Article 2 (2) and (1) 3 of the Punishment of Violences, etc. Act, Article 2 (2) and Article 2 (1) 2 of the Punishment of Violences, etc. Act, Article 257 (1) of the Criminal Act (the point of joint injury) (the point of joint injury), Article 366 of the Criminal Act, and Article 366 of the Criminal Act (the point of destruction and damage of property), the selection

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

1. The Defendants in a suspended sentence: Article 62(1) of the Criminal Act (see, e.g., Supreme Court Decision 2006Do1488, Apr. 1, 2006) (see, 2008Da1148, Apr. 2, 2006)

1. Defendants of the community service order: Article 62-2 of the Criminal Act

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