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(영문) 제주지방법원 2016.11.17 2016고단1546
폭력행위등처벌에관한법률위반(공동상해)
Text

Defendant

A shall be punished by imprisonment with prison labor for six months and by imprisonment for four months.

However, for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 12, 2016, at around 03:08, the Defendants: (a) 03:08, as a meal in the “F cafeteria” located in Jeju-si; (b) the victim G (the age of 45) who is a customer; and (c) D, with the eye of the body of the victim, were frightd with the body of the victim, with the table table that the victim was frighted by the victim; (d) all the Defendants were frightd into the floor when drinking and drinking with the body of the victim; (e) Defendant A was walking the face of the victim used on the floor; and (e) Defendant B was frighted by assaulting the victim three times to threaten the victim, and was in need of approximately two weeks medical treatment.

Accordingly, the Defendants, together with D, injured the victim.

Summary of Evidence

1. Defendants’ respective legal statements

1. The police statement concerning G;

1. A report on the occurrence of violence;

1. A criminal investigation report (the counter party of the victim, the confirmation of the existence of the fact that he/she was faced with the suspect B of damage) and CD (dynamic image);

1. Application of related Acts and subordinate statutes;

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

1. Defendants on probation: Article 62(1) of the Criminal Act

1. Defendant A of probation and community service order: Defendant A’s assertion on the assertion of the Defendants and defense counsel under Article 62-2 of the Criminal Act merely asserts that Defendant A inflicted an injury on the victim and Defendant B inflicted an injury on the victim after leaving the restaurant, and that the Defendants did not commit an injury on the victim by using the same opportunity at the same place, and thus did not cause an injury to the victim.

"When two or more persons jointly commit the crime of bodily injury or assault" under Article 2 (2) of the Punishment of Violence, etc. Act means the so-called accomplice relationship between them.

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