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(영문) 창원지방법원 밀양지원 2016.06.16 2016고단164
폭력행위등처벌에관한법률위반(공동상해)등
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Defendant

A shall be punished by imprisonment for six months, by a fine of 3,00,000 won.

Defendant

B The above fine.

Reasons

Punishment of the crime

1. Defendant A: (a) around 01:30 on March 5, 2016, around 01:0, the Defendant was at the time of 5-6 kneeing the face of the victim with knee and knee, on the ground that the victim G (20 years of age) went against the victim G (20).

Accordingly, the Defendant committed assault against the victim.

2. Defendant A and Defendant B violated the Punishment of Violences, etc. Act (joint injury) caused the victim H (19 years of age) to speak against the Defendants on the same date, time, place, and the victim H (19 years of age). Defendant B decided that the victim’s face would be exceeded the floor by considering the victim’s scam at one time. Defendant A, by doing so, had the victim’s face walked up to 2-3 times, had the victim walked up to 2-3 times, and had the victim scam out of a scam, which requires treatment for about 42 days.

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

Summary of Evidence

1. Defendants’ legal statement

1. Application of laws and regulations on police statements made to D, G, I, and H;

1. Article 260 (1) of the Criminal Act (the point of violence) and Article 260 (2) 3 of the Punishment of Violences, etc. Act, Article 257 (1) of the Criminal Act (the point of joint injury) and Article 257 (1) (the point of joint injury) of the Criminal Act, Defendant B who has the choice of imprisonment: Article 2 (2) 3 of the Punishment of Violences, etc. Act, Article 257 (1) of the Criminal Act, Article 257 (1) of the Criminal Act, the selection of fines;

1. A aggravated criminal defendant: the former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the Criminal Act;

1. Defendant B who is detained in a workhouse: Articles 70(1) and 69(2) of the Criminal Act;

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

1. The observation of protection and community service order Defendant A: The reason for sentencing under Article 62-2 of the Criminal Act is considerably not good, and in particular, the degree of the assault exercised by Defendant A is not weak. In light of the above, strict punishment against the Defendants is required.

However, the defendants repent their mistakes.

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