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(영문) 대구지방법원 2013.07.26 2013고단2093
폭력행위등처벌에관한법률위반(공동상해)등
Text

Defendants shall be punished by imprisonment for six months.

However, from the date of the conclusion of the judgment, each of the above two years against the Defendants.

Reasons

Criminal facts

1. On November 201, 2012, Defendant A, at the play place located in Daegu Suwon-gu D, around 23:00, the victim E (the age of 43) was defective to see the Defendant, and the victim E (the age of 43) was assaulted one time to drink the victim’s face.

2. On November 1, 2012, after the fighting under Paragraph (1) was conducted, Defendants A and B assaulted the victim E in the same place as Paragraph (1) at the beginning of November 1, 2012, at around 12:00, after the fighting under Paragraph (1). Defendant A used the victim’s speed twice in drinking, and Defendant B used the victim’s face twice in drinking.

As a result, the Defendants jointly inflicted an injury on the victim, such as the removal of a ductal wall in need of approximately six weeks of treatment.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement of E, G, and H;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article applicable to criminal facts;

A. Common to the Defendants: Article 2(2) and (1)3 of the Punishment of Violences, etc. Act and Article 257(1) of the Criminal Act

B. Defendant A: Article 260(1) of the Criminal Act

1. Selection of each sentence of imprisonment;

1. The former part of Article 37, Article 38 (1) 2 and Article 50 of the Criminal Act among concurrent crimes (Defendant A);

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

1. According to the sentencing guidelines for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc., the crime of injury in this case constitutes a serious injury among the general injuries of violent crime group. The scope of recommendation is one year to two years (basic area). The crime of assault in this case constitutes a general assault among the assault crimes of violent crime group, and the scope of recommendation is two months to ten months (basic area).

In the end, the scope of recommended punishment against Defendant A is one year to two years, and the scope of recommended punishment against Defendant B is one year to two years.

In the end, the defendants did not fry violent events over the age of 40, and eventually, the victims suffered serious bodily harm.

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