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(영문) 대구지방법원 안동지원 2019.07.03 2019고단107
폭력행위등처벌에관한법률위반(공동상해)
Text

Defendant

A Imprisonment with prison labor for eight months and for six months, respectively.

However, as to the Defendants, each objection is made against the Defendants.

Reasons

Punishment of the crime

On October 9, 2018, at the same time, the Defendants were crossing the road in front of the 193 ero-park, Dong-dong, Sindong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-gu, from the cultural content museum, the victim C (the 63 years old) driven away from the way of the Defendants. However, the Defendant A sent off the front part of the said car, and the Defendant B made the victim a dispute between the victim and the victim.

피고인들은 위와 같이 피해자와 다투던 중 피해자가 피고인 A의 멱살을 잡고 피고인 B의 얼굴을 1회 때리자 화가 나, 피고인 B은 주먹과 무릎으로 피해자의 얼굴 부위를 수회 때리고, 발로 넘어진 피해자의 얼굴 부위를 1회 걷어차고, 피고인 A은 주먹으로 피해자의 얼굴 부위를 3회 때리고, 발로 옆구리 부위를 1회 걷어찼다.

As a result, the Defendants jointly inflicted an injury on the victim, such as an external bladrosis, which does not have two wounds in the open two areas, which require approximately six weeks of treatment.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement of C and E;

1. Application of Acts and subordinate statutes to a report on investigation (Attachment of a medical certificate), a report on investigation (Attachment of a photograph of the damaged part of the victim), a report on investigation (Attachment of a medical opinion), report on internal investigation (the photographing of the accused and attachment of the report);

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 same Act, the choice of imprisonment for a crime

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

1. Defendants of probation and community service order: Reasons for sentencing under Article 62-2 of the Criminal Act;

1. The scope of recommendation [decision of types] according to the sentencing guidelines and the general injury [Class 1] ordinary injury (special person for appearance] - the mitigation element: the mitigation area of punishment (the recommended area and the scope of recommendation) and imprisonment;

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