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(영문) 대구지방법원 2019.01.18 2018고단5112
폭력행위등처벌에관한법률위반(공동상해)
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Defendant

A Imprisonment for six months, Defendant B shall be punished by a fine of 3,00,000 won, and Defendant C shall be punished by a fine of 5,00,000 won.

Reasons

Punishment of the crime

At around 04:00 on September 4, 2018, the Defendants: (a) viewed women’s pictures up to the cell phone F before the ‘E’ restaurant in Busan Metropolitan City D; and (b) viewed them as bad; and (c) viewed them only from the victim G (23 years old); (d) Defendant B opened the victim’s bridge to the victim; (b) Defendant A opened the victim’s faces; (c) Defendant A her escape her face to the victim’s face; and (d) Defendant C opened the victim’s face to the victim’s face at the time of drinking.

As a result, the Defendants jointly inflicted an injury on the victim, such as the mouths of Haak, which require approximately six weeks of treatment.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement related to G and H;

1. A written diagnosis of injury;

1. Standing photographs;

1. Application of CCTV-related Acts and subordinate statutes;

1. Relevant Article 2(2)3 of the Punishment of Violences, etc. Act, Article 257(1) of the Criminal Act, and Article 257(1) of the Criminal Act, and Article 257(1) of the Criminal Act, and Article 2 of the Act on the Punishment of Violences, etc. against Defendants

1. The reasons for sentencing under Articles 70(1) and 69(2) of the Criminal Act are as follows: (a) Defendant A was punished for the same kind of crime; (b) the degree of participation in the instant crime is most severe; and (c) the victim did not make efforts to recover from damage even though the degree of injury was serious; and (d) Defendant A was punished by imprisonment.

On the other hand, considering the fact that Defendant A reflects his mistake, there is no record of punishment beyond the fine, and the age of Defendant A, the punishment should be determined.

Defendant

B and C are limited to the degree of injury of the victim due to the above crime, but considering the fact that the above defendants had no record of criminal punishment, age, Defendant B's participation in the crime of this case, and Defendant C's agreement with the victim.

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