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(영문) 대구지방법원 김천지원 2016.03.31 2015고단1606
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
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Defendant

A Imprisonment for one year, and Defendant B shall be punished by a fine of two million won.

Defendant

B does not pay the above fine.

Reasons

Punishment of the crime

The Defendants were those engaged in the work day (former Construction Work) at the construction site and the victims D (58) were working at the site site, and the Defendants and the victims were working at the same site at the time of the instant case.

On August 16, 2015, the Defendants: (a) around 20:35 on August 2015, 20: (b) around F 20:35, the F cafeteria located in Busan Shipping Daegu, and (c) the victim drinks drinking together with the table table, which was boomed by the victim; and (b) the Defendant A b) had the face of the victim several times in drinking, followed the victim’s face on several occasions; (c) had a cover (43cm x 33cm) of the ice lease material, which is a dangerous object in drinking; and (d) had the victim’s face and the breast part of the victim’s chest 7-8 times in drinking.

As above, the Defendants jointly assaulted the victim, and, in particular, Defendant A left the part of the victim with dangerous things, and suffered injury to the victim, such as a satise, which requires approximately four weeks of treatment.

Summary of Evidence

1. Defendants’ legal statement

1. A protocol concerning the examination of suspects of D;

1. A medical certificate of injury (the No. 10 in list of evidence);

1. B, A’s photograph, strophographic photo, and photographs at the scene of crime;

1. Application of Acts and subordinate statutes to a report on investigation (to have a witness talked with telephone conversations and hear statements of witnesses);

1. Relevant Article of the Act and the choice of punishment for the crime;

A. Defendant A1’s personal injury: Article 2(2) and Article 2(1)3 of the former Punishment of Violences, etc. Act (Amended by Act No. 13718, Jan. 6, 2016; hereinafter the same shall apply); Article 2(1)3 of the Criminal Act; Article 257(1) of the Criminal Act; Articles 257(1) of the Criminal Act; Articles 257(1) and 257(1)2 of the Criminal Act

B. Defendant B: Article 2(2) and Article 2(1)3 of the former Punishment of Violences, etc. Act; Article 257(1) of the Criminal Act; selection of fines

1. Aggravated concurrent crimes: the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (the punishment shall be heavier).

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