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(영문) 인천지방법원 2016.08.08 2016고단2861
폭력행위등처벌에관한법률위반(공동상해)
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Defendant

A shall be punished by imprisonment with prison labor for seven months and by imprisonment for six months.

However, for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 13, 2016, at around 01:30, the Defendants came to operate the Victim E (58 tax) operated in Dong-gu Incheon Metropolitan City (F Party 58). On the 11st day of the same month, the Defendants: (a) caused the damage to G while doing so; (b) Defendant B, by her hand, sealed the victim’s flabbing; (c) Defendant A was flabing the victim’s flabing; (d) Defendant A was flabing the victim’s flabing of flab; (b) Defendant B was flabing the victim’s flab by drinking; and (c) Defendant B was flabing the victim’s flabing part of the victim’s flabing part of the chest that requires medical treatment for about 14 days.

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

Summary of Evidence

1. Defendants’ legal statement

1. A protocol concerning the interrogation of suspects of E;

1. Application of the Acts and subordinate statutes of the injury diagnosis certificate (the Defendants)

1. Relevant Article 2 (2) 3 of the Act on the Punishment of Violences, etc. for Criminal Facts, Article 2 of the Act on the Selection of Punishment of Violences, etc., Article 257 (1) of the Criminal Act, and selection of imprisonment;

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

1. The Defendants’ reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act are limited to the crimes committed by assaulting the victim, and Defendant A committed a second offense despite the force of violence. Therefore, the Defendants are sentenced to imprisonment with prison labor as ordered.

However, the execution of punishment against the Defendants is suspended in consideration of the fact that the extent of injury is not severe and the defendants recognize and reflect on the crimes.

In addition, in order to prevent recidivism, a community service order is given to the defendants.

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