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(영문) 부산지방법원 2014.05.29 2014고단3208
폭력행위등처벌에관한법률위반(공동상해)
Text

Defendant

A shall be punished by imprisonment with prison labor for ten months and by imprisonment for eight months, respectively.

However, this judgment is delivered against Defendant B.

Reasons

Punishment of the crime

피고인들은 2014. 2. 2. 04:10경 부산 부산진구 E에 있는 F편의점 앞 노상에서 그 곳을 지나가던 피해자 G이 피고인 A을 기분 나쁘게 쳐다보았다는 이유로 피고인 A은 피해자에게 다가가 주먹으로 피해자의 얼굴을 1회 때려 넘어뜨리고 넘어진 피해자의 얼굴을 발로 수회 밟고, 다시 주먹으로 피해자의 얼굴과 뒤통수를 수회 때리고, 피고인 B은 이에 합세하여 주먹으로 피해자의 얼굴 수회 때리고 넘어진 피해자의 얼굴을 발로 수 회 걷어찼다.

As a result, the Defendants jointly inflicted an injury on the victim, such as the cutting of a peltos that require approximately four weeks of treatment.

Summary of Evidence

1. Defendants’ legal statement

1. Each police statement of G and H;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Relevant Article 2 (2) and (1) 3 of the Punishment of Violences, etc. Act and Article 257 (1) of the Criminal Act are applicable to the defendants who choose to commit a crime;

1. Defendant B of suspended execution: Article 62(1) of the Criminal Act (Consideration of the favorable sentencing factors as follows):

1. Defendant B of the order of community service: The reason for sentencing under Article 62-2 of the Criminal Act;

1. The scope of sentence compared to the sentencing range and the recommended sentencing range for the injury (the first and second types) serious in the aggravated area (the second categories of injury) (the second categories of injury (the first and second years) (the second categories of injury): six to two years (the decision of sentencing): six months (the decision of sentencing): deposit for the victim; five million won for the victim; the one half to five million won; the other young; the other half of the age is the young; the other half of the unfavorable sentencing ground: the defendant committed serious violence for the minor reason; the other half of the sentence was the injured person; the other half of the sentence was not reached; the other half of the sentence; the one half of the sentence was the one half of the sentence;

2. In a case where Defendant B (a recommendation range) (a person subject to special mitigation), who is subject to mitigation (two to one year), who is not subject to punishment (including a serious effort to recover damage), or whose considerable damage has been recovered, the range of sentence compared to the punishment and the recommended sentence: two months to one year.

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