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(영문) 대전지방법원 천안지원 2017.01.20 2016고단1768
폭력행위등처벌에관한법률위반(공동상해)
Text

Defendant

A Imprisonment with prison labor for six months, for six months, for six months, and for one million won, for defendant C, respectively.

Defendant

C.

Reasons

Punishment of the crime

On August 20, 2016, around 20:50, at the “I” restaurant located in Asan City H, Defendant C, as a matter of smoking tobacco, had the victim J ( South, 43 years old) who was seated in the adjacent table table.

Defendant

A and Defendant B her body fighting with the victim’s breath, her body flaps, with the victim’s flaps, and Defendant C also her body flaps. After Defendant A and Defendant B her being towed the victim out of the restaurant, Defendant B was pushed the victim’s chest 2-3 times, Defendant B was pushed the victim’s chest, and Defendant A had the victim go beyond the floor on one occasion by drinking the victim’s face.

As a result, Defendant C assaulted the victim jointly with Defendant A and B, and Defendant A and B jointly assaulted the victim, thereby engaging in approximately 12 weeks therapy to the victim.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement made against K, L, or M;

1. Each photograph, video CD;

1. A place where 119 emergency medical services are to be performed;

1. Application of Acts and subordinate statutes to medical certificates and opinions;

1. Relevant Article 2(2)3 of the Punishment of Violences, etc. Act, Article 257(1) of the Criminal Act, Defendant C who choose the punishment of imprisonment: Article 2(2)1 of the Punishment of Violences, etc. Act, Article 260(1) of the Criminal Act, Article 260(2)1 of the Criminal Act, Article 260 of the Criminal Act, the selection of fines

1. Article 70(1) and Article 69(2) of the Criminal Act on the confinement of a workhouse (Defendant C);

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. Defendant A and B [the scope of recommended punishment] General In the aggravated area (six months to two years) [the person subject to special aggravated punishment] / [the type 1 and 4] of the bodily injury (the sentence] of Defendant A and B (the person subject to special aggravated punishment] joint assaulting the victim, causing serious injury to the blood transfusion of 12 weeks, and the victim seems to have suffered serious injury due to this, and the crime is committed.

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