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(영문) 대구지방법원 2016.12.22 2016고단5351
폭력행위등처벌에관한법률위반(공동상해)
Text

Defendants shall be punished by imprisonment for six months.

However, as to the Defendants for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

피고인들은 2016. 7. 20. 05:35경 대구 수성구 C에 있는 D주점 내에서, 피해자 E(32세)와 합석하여 술을 마시던 중 피해자가 술에 취해 피고인 A에게는 뚱뚱하고, 피고인 B에게 키가 작다고 놀리는 말을 듣게 되자 피고인 B은 피해자의 멱살을 잡아 흔들고, 피고인 A은 팔을 잡아당기고 멱살을 잡아 흔들어 피해자를 그곳 바닥에 넘어뜨렸다.

As a result, the Defendants jointly inflicted injury on the victim, such as flickly flicking the treatment process and glicking the bones.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement to E by the police;

1. Investigation report (the telephone call content with the victim), investigation report (the confirmation of the degree of damage);

1. Application of Acts and subordinate statutes attaching photographs to victims;

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

1. Defendants in the suspension of execution: The grounds for sentencing under Article 62(1) of the Criminal Act [the scope of recommendation] general injury [the person subject to special mitigation] [the person subject to punishment] in the mitigation area (two to one year] [the decision of sentence] and the fact that the Defendants were punished or tried several times as violent crimes but repeated the instant crime although they were under trial, etc.; however, they agreed with the victims; they are contingent crimes committed by hearing the horses from the victims under the influence of alcohol; they are favorable circumstances such as the defendants' age, character and behavior, environment, motive or circumstance of the crime; and all other conditions of sentencing, including the circumstances after the crime, etc. shall be determined as ordered.

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