Defendant

A Imprisonment with prison labor for eight months and for one year, respectively.

Punishment of the crime

[Criminal Justice] On April 7, 2016, Defendant A was sentenced to one year of imprisonment with prison labor for a special injury crime at the Daegu District Court on August 22, 2016, and the execution of the above sentence was terminated. Defendant B was sentenced to one year and six months of imprisonment with prison labor at the Daegu District Court on May 17, 2019, and completed the execution of the above sentence on July 3, 2019.

【Criminal Facts】

The Defendants were active members of the “C”, a violent organization.

피고인들은 2019. 8. 6. 00:20경 대구 수성구 D 모텔 앞 노상에서, 승용차 운전석에 앉아 창문을 내리고 담배를 피우고 있던 피해자 E(41세)이 피고인들을 기분 나쁘게 쳐다보았다는 이유로 피해자에게 다가가 피고인 B은 피해자를 향해 침을 뱉고, 피해자가 차에서 내리자 주먹으로 피해자의 얼굴을 9회 때리고, 팔꿈치로 피해자의 머리를 15회 내리치고, 무릎으로 피해자의 머리를 3회 올려차고, 발로 피해자의 얼굴을 7회 걷어차고, 피고인 A은 이에 가담하여 주먹으로 피해자의 얼굴을 13회 때리고, 팔꿈치로 피해자의 등을 1회 내리찍고, 발로 피해자의 얼굴을 3회 걷어찼다.

As a result, the Defendants jointly inflicted an injury on the victim, such as the removal of internal walls, which require approximately eight weeks of treatment.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement to E by the police;

1. A criminal investigation report (in the event of a crime, CCTV verification investigation), a criminal investigation report (Attachment to CCTV recorded CDs), and a criminal investigation report (a confirmation report, such as attaching a victim's diagnosis report and intent to punish the victim);

1. Previouss before ruling: Application of each criminal history record statement and investigation report (related to repeated crimes) Acts and subordinate statutes;

1. Relevant Article of the Act on the Punishment of Violences, etc. and Article 2 (2) 3 of the Criminal Act and Article 257 (1) of the Criminal Act concerning the defendants who choose to commit a crime;

1. Aggravation of repeated crime: The crime of this case on the grounds of sentencing under Article 35 of the Criminal Act committed by the Defendants, without any particular reason, assaulting the victim without discrimination.