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(영문) 춘천지방법원 2019.06.12 2018고단1308
폭력행위등처벌에관한법률위반(공동상해)
Text

Defendant

A A shall be punished by a fine of two million won, by imprisonment with prison labor for four months.

Defendant

A does not pay the above fine.

Reasons

Punishment of the crime

At around 23:10 on October 27, 2018, Defendants 2 and 23:10, when the victim D (20 years of age) was under way, Defendant B reported the delay in payment of the Defendant’s wages to the Ministry of Employment and Labor, and Defendant A sent the victim’s face twice by hand on the ground that the victim reported the delay in payment of the Defendant’s wages to the Ministry of Employment and Labor. Defendant A got on the victim, thereby taking the head of the victim and taking the head into drinking. Defendant B continued to put the fighting on the victim, Defendant B had the victim’s face, head, and head two times with the victim’s fright, and Defendant A got off the victim’s face by leaving the victim back to the second victim.

As a result, the Defendants jointly inflicted injury on the victim, such as the impairment of the face requiring medical treatment for about two weeks, and the deprivation of detailed shots.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each statement of D, E, and F;

1. Application of investigation reports (related to the attachment of CCTV images and photographs from the Gnonoby bank), investigation reports (related to attachment of victim's D diagnosis reports);

1. Relevant Article 2 (2) 3 of the Act on the Punishment of Violences, etc., and Article 257 (1) of the Criminal Act (the choice of the defendant A and the defendant B's imprisonment);

1. Articles 70 (1) and 69 (2) of the Criminal Act for detention in a workhouse (Defendant A);

1. Article 62 (1) of the Criminal Act (Defendant B) of the suspended execution;

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act (Defendant A);

1. The scope of recommended sentences according to the sentencing guidelines for Defendant B [the scope of recommended sentences] the general injury [the type 1] general injury [the special person] mitigation elements: In a case where minor injury (the type 1 and 4), penalty not being imposed (including efforts to recover damage), or considerable damage has been recovered (the scope of recommended sphere and recommendation range] special mitigation area, one month to October of imprisonment;

2. Determination of sentence against the Defendants: Defendant A’s fine of KRW 2 million and Defendant B’s imprisonment for April.

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