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(영문) 대구지방법원 경주지원 2016.01.20 2015고단712
폭력행위등처벌에관한법률위반(공동상해)
Text

Defendant

A shall be punished by a fine of 6,00,000 won, by imprisonment of 6 months, and by imprisonment of 8 months, respectively.

Reasons

Punishment of the crime

On March 10, 2015, at around 14:00, the Defendants: (a) moved out of the victim G (31 tax) E in the FYel parking lot operated by 55 years of age to smoke; (b) the Defendants, who pushed the Defendants on the hand floor, spid the victim G heading, spiking, and spiking the victim G, and spiking and towing the victim G with the victim’s neck.

Accordingly, the mother of the injured Party E, the mother of the injured Party G, expressed the Defendant’s desire to “the injured Party E” to “the injured Party E”, and Defendant C pushed off the injured Party E’s hand.

As a result, the Defendants jointly inflicted injury on the victim G, such as light finites that require treatment for about 21 days, and on the part of the victim E that requires treatment for about 21 days, and on the part of the victim E, the Defendants suffered injury such as water finites.

Summary of Evidence

1. Defendants’ respective legal statements

1. A protocol concerning the examination of suspect of H with respect to the police;

1. Each police statement protocol with respect to G and E;

1. 112 Reporting case handling table;

1. Application of Acts and subordinate statutes of each injury diagnosis letter;

1. Article 2 (2) and Article 2 (1) 3 of the Punishment of Violences, etc. Act and Article 257 (1) of the Criminal Act concerning facts constituting an offense;

1. Selection of punishment;

A. Defendant A: Selection of a fine

B. Defendant B and C: Selection of imprisonment with labor

1. Article 37 (former part of Article 37 of the Criminal Act, Article 38 (1) 2 and Article 50 of the Criminal Act

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

1. Article 62 (1) of the Criminal Act (defendant B and C);

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act

1. Defendant A is not guilty of committing the instant crime during the period of repeated crime.

However, the degree of injury of the victims is not severe, the victims have agreed smoothly with the victims, the recognition of their mistakes and reflects, and the defendant's age, sex, environment, motive, means and results of the crime of this case, and the circumstances after the crime are committed.

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