Text
1. The defendant A shall be punished by imprisonment with prison labor for ten months.
2. Defendant B
(a) The defendant shall be punished by imprisonment with prison labor for ten months;
(b).
Reasons
Punishment of the crime
On May 15, 2015, Defendant A was sentenced to one year of imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (the organization and activities of an organization) at the Busan District Court, and completed the execution of the above sentence on January 22, 2016.
Criminal facts
On December 7, 2016, at around 04:15, the Defendants were drinking alcohol at the “F main point” located in Busan Shipping Daegu E, and were asked by the victim G (42 tax) who had drinking alcohol in the side, and the Defendant A attempted to threaten the victim by getting off the jackets and cutting off the jackets, and the Defendant B tried to threaten the victim’s face by drinking, and the Defendant A took part in the face of the victim by drinking.
Defendant B continued to take part in the victim's body from the main point of view, she saw the victim's face at one time according to the victim's escape and drinking out, and re-infusing the victim's face to the main point of view, and then took part in the victim's body several times.
The Defendants jointly committed the injury to the victim, resulting in the number of days of treatment, such as the old malutical injury.
Summary of Evidence
1. Defendants’ respective legal statements
1. Application of the statutes governing the statement protocol to G;
1. Article 2 (2) 3 of the Punishment of Violences, etc. Act, Article 257 (1) of the Criminal Act, the selection of imprisonment with prison labor, and the selection of punishment for a crime;
1. Article 35 of the Criminal Act for the aggravation of repeated crimes;
1. Article 62(1) of the Criminal Act (Article 62(1) of the Suspension of Execution (Defendant B) (Article 62 of the Criminal Act has been agreed with the victim and the defendant acknowledges his mistake);
1. The reason for sentencing of Article 62-2 of the Criminal Code (the prosecutor's opinion) of community service and lecture attendance order (defendant B) (the defendant's opinion) (the defendant's opinion) is sentenced to imprisonment for two years (the decision of sentence), the defendant committed a second offense during the period of repeated offense for the same kind of crime, the defendant unilaterally uses violence, the agreement with the victim, the defendant's mistake is recognized, and other age of the defendant.