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(영문) 울산지방법원 2017.08.25 2017고단904
폭력행위등처벌에관한법률위반(공동상해)
Text

Defendant

A Imprisonment for four months, and Defendant B shall be punished by a fine of 4,000,000 won.

Defendant

B The above fine.

Reasons

Criminal facts

On September 2, 2016, at around 23:30, the Defendants 23:30 on the front way of “E” located in Ulsan Jung-gu, Ulsan-gu, where they drink and drink alcohol with workplace rent, and Defendant A was faced with the conduct and shoulder of the victim F (27 years old) and when Defendant A’s back-hand water, the face of the victim who fights against the fighting during the said conduct and body fights can be taken a drinking time, and Defendant B took the face of the victim two times as drinking, and Defendant B sustained the victim’s face two times with approximately eight weeks of medical treatment. In addition, Defendant B inflicted injury on the victim, such as the mouth of the luminous bones and the fel of the felke.

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

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes to two copies of a medical certificate, victim's photograph, receipt, and benefit statement;

1. Relevant Article 2(2)3 of the Punishment of Violences, etc. Act regarding criminal facts, each of the choice of punishment, Article 2(2)3 of the Criminal Act, Article 257(1) of the Criminal Act, and the selection of imprisonment with prison labor for Defendant A and fine for Defendant B

1. Defendant B who is detained in a workhouse: Articles 70(1) and 69(2) of the Criminal Act;

1. Defendant B’s order of provisional payment: Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. Defendant A’s sentencing guidelines [the type of suspended sentence] - Class 1 (general injury) [the person subject to special sentencing] - (the person subject to special sentencing] - (1) serious injury (the category of injury in the sphere of recommendation] / [the scope of recommendation] 6 months / 2 years / [the scope of general sentencing] - where two or more aggravated factors jointly commit a crime [the scope of suspended sentence] - Where significant injury occurs - Where significant injury occurs - there are no criminal records of suspended sentence of positive and contingent imprisonment or more: there are no criminal records of a crime.

2. Due to the violence of the Defendants in the determination of sentence against the Defendants, the victims suffered from the “abstinment of balone, bones, and sarnites”, “abstination and closure of balone,” and “abstination of the inside and bottom level” which require eight weeks’ medical treatment, and were hospitalized for three weeks.

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