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(영문) 인천지방법원 부천지원 2013.06.26 2013고단652
폭력행위등처벌에관한법률위반(공동상해)등
Text

Defendants shall be punished by imprisonment for six months.

However, each of the above defendants is against the defendants for one year from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. Joint criminal conduct by Defendant A and Defendant B

A. On November 17, 2012, the Defendants violated the Punishment of Violences, etc. (joint injury) against the victim C were at around 22:00, and around 17, 2012, Defendant A took twice the head of the victim’s head by her hand in the state of breathing the breath of the victim C (age 26). Defendant B was at the time of having the victim’s head her head her hand, making two times her face face by drinking her hand, and Defendant B was at the time her hand sealed the victim C with the victim’s hand, and her hand her her kick with the victim’s hand.

As a result, the Defendants jointly inflicted bodily injury on the victim, such as the pulmonary framework of booms, which requires approximately four weeks of treatment.

B. The Defendants were in violation of the Punishment of Violences, etc. (joint assault) against the victim H.

At the time, place of the port entry, Defendant A met the chest part of the victim H by drinking, and Defendant B met with her hand when the victim was flicked with her head and the victim was her drinking.

Defendants jointly assaulted the victim as above.

2. Defendant C is the above 1-A.

항 기재 일시, 장소에서, 손으로 피해자 I의 가슴부위를 밀어 피해자가 땅바닥에 엉덩방아를 찧으며 넘어지게 하여, 피해자에게 약 12주간의 치료를 요하는 압박성 척추체 골절의 상해를 가하였다.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement C and I in the suspect examination protocol of the prosecution against A;

1. Statement No. H in the suspect interrogation protocol of the second police officer against A;

1. The police statement to J and K;

1. Application of each injury diagnosis certificate (C, I) statute;

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Defendant A and B: Article 2(2) and (1)3 of the Punishment of Violences, etc. Act, Article 257(1) of the Criminal Act (the point of joint injury) and Article 2(2) and (1)1 of the Punishment of Violences, etc. Act, Article 2(1)1 of the Criminal Act, Article 260(1) of the Criminal Act (the point of joint violence) and the choice of imprisonment, respectively.

B. Defendant C: Article 257 of the Criminal Act.

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