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(영문) 춘천지방법원 강릉지원 2019.05.17 2018고단737
폭력행위등처벌에관한법률위반(공동상해)
Text

Defendant

A shall be punished by imprisonment with prison labor for ten months and by imprisonment with prison labor for six months.

However, as to Defendant B, this shall not apply.

Reasons

Punishment of the crime

1. On February 19, 2018, the Defendants violated the Punishment of Violence, etc. Act (joint injury) against the Victim C was committed in the vicinity of E restaurant located in Gangseo-si, Gangnam-si, and on the ground that the victim C (the victim 50 years old and her husband) reported fighting to the police, and the victim C was able to help with the above restaurant during the dispute between the victim C and F, the her husband. Defendant A was in his/her son by assaulting the victim’s head, her head, and her knife and knife his/her knife the victim's face, and Defendant B did so in combination with the victim’s face, thereby causing damage to the victim in need of approximately two weeks medical treatment.

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

2. The Defendants in violation of the Punishment of Violence, etc. Act (joint injury) against the victim G refers to the Defendants who assaulted C at the above E restaurant at the time and time set forth in the above paragraph 1. On the grounds that the victim G (57 years of age) operating the said restaurant told the Defendants of assaulting C as described in the above paragraph 1. Defendant A committed assault, such as assaulting the victim’s face by drinking the victim’s knife, bating her bat with her hand, leaving the victim’s batf, and walking the victim’s face, and walking the victim’s face, and Defendant B committed an injury, such as spelkeing the victim’s face, which requires approximately eight weeks of medical treatment.

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

Summary of Evidence

1. Defendants’ respective legal statements

1. Each legal statement of witness G, C, F, and H;

1. A criminal investigation report (in addition to field photographs, etc.);

1. Application of Acts and subordinate statutes, such as a medical certificate of injury and a medical certificate;

1. The Defendants of relevant criminal facts: Article 2 (2) 3 of the Punishment of Violences, etc. Act and Article 257 (1) of the Criminal Act;

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

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