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(영문) 제주지방법원 2019.08.14 2018고단2377 (1)
폭력행위등처벌에관한법률위반(공동상해)등
Text

A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Criminal Power] On November 28, 2018, the Defendant was sentenced to 6 months of imprisonment with prison labor and 2 years of suspended execution due to the obstruction of performance of justice by fraudulent means at the Jeju District Court, and the judgment became final and conclusive on December 6, 2018.

【Criminal Facts】

B is between C and relatives.

B, C, D, and E are the same kind of conduct, and F, G, and the Defendant are the same kind of conduct, and there is a mutual face or there is a difference between the two sides.

Defendant

On April 17, 2018, F, and G were in line with B, C, D, and Sin at H inside and outside of the I sing shop located in P at Seopopoon on April 17, 2018, and F was in line with the victim B (the victim 21 years of age), the victim C (the victim 21 years of age), and the victim C (the victim 21 years of age), while drinking the face of the victim D (the victim 23 years of age) at Seopoon, and was snicking the flick.

G은 이에 가세하여 피해자 D의 머리카락을 잡아 흔들고, 주먹으로 피해자 D의 얼굴을 수회 때리고, 무릎으로 피해자 C의 얼굴을 1회 걷어찼다.

The defendant also was able to see the victim's head knife with the victim's knife, and the victim's face was knife by drinking.

As a result, the defendant, F, and G assaulted the victim B and C in common, and the victim D was unable to know the number of days of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each legal statement of F and G;

1. Application of each police interrogation protocol against B, C, and D to each police interrogation protocol;

1. Article 2 (2) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes, Article 2 (2) 1 of the Criminal Act, Article 257 (1) of the Criminal Act (the point of joint injury and the choice of imprisonment), Article 2 (2) 1 of the Punishment of Violences, etc. Act, Article 260 (1) of the Criminal Act (the point of joint violence and the choice of imprisonment);

1. The latter part of Articles 37 and 39 (1) of the Criminal Act concerning concurrent crimes (trade between the above crimes and the crimes of obstruction of performance of official duties by fraudulent means, etc. as stated in the judgment rendered by around 2018);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The crime of this case on the grounds of sentencing under Article 62(1) of the Criminal Act is set forth in B.

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