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(영문) 대구지방법원 포항지원 2018.05.30 2018고단360
폭력행위등처벌에관한법률위반(공동상해)등
Text

Defendants shall be punished by imprisonment for six months.

However, the execution of each of the above penalties shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendants violated the Punishment of Violences, etc. Act (joint assault) around 03:45 on December 29, 2017, and around 03:45 on the port in South-gu, south-gu, Madin, where they face the victim E and shoulder in a danran bar, and Defendant A committed assault by her hand, such as taking the victim’s head head, her body, her body, her body, and her hand.

Accordingly, the Defendants jointly assaulted the victim.

2. The Defendants in violation of the Punishment of Violences, etc. Act (joint injury) committed an injury by the victim F, who is a daily act in E, at the time and place specified in paragraph (1), to fight the victim’s hair, Defendant B, by her hand, put the victim’s head debt into the floor by putting the victim’s head debt in hand, her face on the hand under the condition of putting the head debt, and Defendant A, by undergoing the telegraph of the victim, sustained the victim’s face with approximately eight weeks of medical treatment, and Defendant A, by undergoing the telegraph of the victim, inflicted an injury on the victim by cutting the victim’s face into a 4-month bar in the right side.

Accordingly, the Defendants jointly inflicted an injury on the victim.

Summary of Evidence

1. Defendants’ respective legal statements

1. A protocol of interrogation of each police officer in relation to E or G;

1. Statement made by the prosecution against the F;

1. Statement made by the police with regard to F;

1. Each statement of E and F;

1. A report on the parts of damage, a medical certificate of injury (F), and a medical certificate;

1. Application of the Acts and subordinate statutes on CCTV video CDs to investigation reports (limited to photographs by cutting off CCTV screen images and assault sides of suspects taken inside the entrance and entrance door of a dan, and to CCTV screen CDs);

1. Relevant Article 2(2)3 of the Punishment of Violences, etc. Act concerning the crime, Article 2(2)3 of the same Act concerning the selection of a punishment, Article 257(1) of the Criminal Act (the point of joint injury) and Article 2(2)1 of the Punishment of Violences, etc. Act, Article 260(1) of the Criminal Act (the point of joint violence) and each choice of imprisonment with prison labor;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act for the increase of concurrent crimes;

1. General injury to one of the crimes on the grounds of sentencing under Article 62(1) of the Criminal Act of the suspended sentence.

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