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(영문) 대구지방법원 포항지원 2020.04.29 2019고단1592
폭력행위등처벌에관한법률위반(공동상해)
Text

Defendant

A shall be punished by a fine of 1,00,000 won and by imprisonment of 8 months for each of the defendants B.

Defendant

A The above fine shall be imposed.

Reasons

Criminal facts

1. Defendant B’s special injury on March 24, 2019: (a) around 17:05, the victim E (the age of 49) working on the same line at a D restaurant located in Nam-gu, Nam-si; (b) and the Defendant-friendly A, the Defendant-friendly type of the ship, entered the horse fighting as a matter of the ship’s water; (c) the victim’s head, who was a dangerous object, was inflicted two weeks of medical treatment; and (d) the victim was injured by two-day open wifes in need of medical treatment.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

2. 피고인들의 폭력행위등처벌에관한법률위반(공동상해) 피고인들은 제1항 기재 일시, 장소에서, 피고인 B이 소주병으로 피해자의 머리 부위를 내리친 후, 피고인 B은 주먹과 발로 피해자의 얼굴을 수 회 때리고 찼으며, 피고인 A은 이에 합세하여 주먹으로 피해자의 머리 부위를 수 회 때렸다.

As a result, the Defendants jointly inflicted bodily injury on the victims, such as sugars without any one in an open room, which requires approximately two weeks of treatment.

Summary of Evidence

1. Defendants’ respective legal statements

1. Police suspect interrogation protocol regarding E;

1. Statement to E by the police;

1. Field photographs, etc.;

1. A medical certificate;

1. Application of Acts and subordinate statutes to report internal investigation (on-site conditions, etc. at the time of their withdrawal) and investigation reports (in relation to shots);

1. Relevant laws and the choice of punishment for the crime;

A. Defendant A: Article 2(2)3 of the Punishment of Violences, etc. Act, Article 257(1) of the Criminal Act, the selection of fines

(b) Defendant B: Articles 258-2(1) and 257(1) of the Criminal Act, Article 2(2)3 of the Punishment of Violences, etc. Act, Article 257(1) of the Criminal Act (the point of joint injury and the choice of imprisonment);

1. Defendant B from among concurrent crimes: the first sentence of Article 37, and Articles 38 (1) 2 and 50 of the Criminal Act (limited to the aggravation of concurrent crimes with the punishment determined for a violation of the Punishment of Violences, etc. which is heavier than the punishment, but the lower limit shall be the penalty determined for a special injury);

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