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(영문) 부산지방법원 2017.01.12 2016고단7242
폭력행위등처벌에관한법률위반(공동상해)등
Text

[Defendant A] The defendant shall be punished by imprisonment for two months.

[Defendant B] The defendant shall be punished by imprisonment with prison labor for four months

except that this judgment.

Reasons

Punishment of the crime

Defendant

On June 26, 2014, A was sentenced to imprisonment of one year and two months and a fine of 300,000 won in the Busan District Court for larceny, etc. and completed the execution of the above imprisonment in the Busan District Court on November 15, 2014.

1. On December 27, 2015, around 05:40 on December 27, 2015, Defendant A inflicted an injury on the victim’s face, i.e., the victim F (22 years old) who had danced in the dancing hall in Busan-gu, Busan-do, on the ground that the victim was faced with the shoulder, and the victim’s face was pushed down on the bend, and the victim’s face was boomed by drinking and launchings, etc., and the victim’s loss was inflicted on the victim’s left eye, the number of days of treatment of which cannot be known to the victim.

2. Defendant A and Defendant B assaulted F at the same date, at the same time, and at the same place as indicated in the above paragraph 1, the victim G (22 years) who was f, while f, the victim G (22 years old) was f, and the victim’s face is frightened, and the victim’s face and body part are frightened at several times due to drinking, and the victim’s face is frightened beyond the victim’s face, and the victim’s face and body part are walking at several times. Defendant B, a single driver of Defendant A, took part in this and frighted the victim’s body part at one time, with the victim’s face part being pushed and drinking, etc., and the victim’s face part cannot be known.

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

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement made to H, F, G, and I;

1. Side photographs of an injury inflicted on the victim;

1. Previous convictions: Application of Acts and subordinate statutes to inquiries about criminal history and investigation reports (the confirmation, etc. of the period of repeated offense A by a suspect);

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

1. A aggravated defendant for a repeated crime: Article 35 of the Criminal Act;

1. Defendant A who has aggravated concurrent crimes: Article 37 of the Criminal Act.

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