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(영문) 인천지방법원 2013.11.28 2013고단5334
폭력행위등처벌에관한법률위반(공동상해)
Text

Defendant

A shall be punished by imprisonment with prison labor for up to 2,50,000 won, and by imprisonment with prison labor for up to 10 months.

Defendant

A above.

Reasons

Punishment of the crime

1. On June 13, 2013, the Defendants were unable to return home from the victim G (the age of 31) and H (here-day) at the front of the F convenience store located in Nam-gu Incheon Metropolitan City, Nam-gu around 03:10, without paying the alcohol value.

It reported the dispute with employees, and the victim's conduct was a tree, and there was a dispute between them.

Defendants are punished for a dispute with the victim.

B. The Defendant A took the victim’s head once in his hand, Defendant B took the victim’s head twice in his hand, and Defendant C took several times in his body. Defendant C took the victim’s head twice in his hand, and Defendant C took two times in his own possession.

As a result, the Defendants jointly inflicted an injury on the victim, such as the escape from external signboards in need of medical treatment for about six weeks.

2. Defendant B and C resisted the victim H (the age of 31)’s assault against the above G at the same time, at the same time, and at the same place, the victim C resisted the above G, and Defendant C’s face at the times of drinking, Defendant C took the face of the victim by drinking, and Defendant C took the face of the victim by drinking.

Accordingly, the Defendants jointly assaulted the victim.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police suspect interrogation protocol of I, H, and G;

1. On-site reports;

1. Application of Acts and subordinate statutes of the Health Insurance Service reply to the NHIS, such as a report on investigation, reply to request for investigation cooperation, etc.;

1. The point of jointly inflicting an injury on the criminal facts concerned: Article 2 (2) and (1) 3 of the Punishment of Violences, etc. Act, Article 257 of the Criminal Act (Appointment of fines against Defendant A, and of imprisonment with labor against Defendant B and C): Article 2 (2) and (1) 1 of the aforementioned Act, Article 260 (1) of the Criminal Act (Selection of Imprisonment with labor for each of the defendants B, C and C);

1. From among concurrent crimes, violation of the former part of Article 37 and Article 38 (1) 2 of the Criminal Act [the period of punishment plus the maximum term of two crimes as provided for in the joint injury crime] (the defendant B, C, and the heavier punishment).

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