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Defendant
A shall be punished by imprisonment with prison labor for ten months and by imprisonment with prison labor for one year.
Reasons
Punishment of the crime
The Defendants are as follows: Defendant B is between the victim C’s dong line, and Defendant A is first the victim and the victim.
피고인들은 2018. 9. 28. 03:00경 강원 정선군 D에 있는 E주점에서 피해자 C와 합석하여 술을 마시던 중 피해자가 피고인 B에게 버릇없이 말을 한다는 이유로 화가 나, 피고인 A은 주먹으로 피해자의 얼굴 부위를 1회 때려 기절시켜 땅에 쓰러뜨리고, 계속하여 주먹으로 피해자의 얼굴 부위를 수회 때리고, 피고인 B은 발로 피해자의 얼굴 부위를 수회 걷어찼다.
As a result, the Defendants jointly inflicted an injury on the victim, such as a dushes in need of treatment for about 42 days.
Summary of Evidence
1. Each legal statement of the Defendants (the third and the sixth public trial date)
1. Each legal statement of witness C, F and G;
1. The application of Acts and subordinate statutes to damaged photographs, photographs, diagnostic reports, and opinions;
1. The Defendants: Article 2 (2) 3 of the Punishment of Violences, etc. Act, Article 257 (1) of the Criminal Act, the grounds for sentencing choice of imprisonment with prison labor, and the grounds for sentencing.
1. Scope of punishment by law: Imprisonment with prison labor for one month to ten years;
2. The scope of recommendation [decision of types] according to the sentencing guidelines, general injury [Type 1] general injury [special injury (special punishment)] increased factors: serious injury (the scope of recommendation field and recommendation type] increased area, six months to two years and six months.
3. While the Defendants were in drinking with the victim, the Defendants committed a serious assault to the victim solely on the ground that the victim made a speech without a brush, thereby making the victim in need of medical treatment for about six weeks.
The degree of injury of the victim, which is recognized by the photograph of the victim immediately after the crime, the diagnosis of the victim, the opinion, etc., is very important.
The victim wanted to punish the defendants.
In addition, Defendant A commits violence, such as violating the Punishment of Violences, etc. Act.