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(영문) 제주지방법원 2016.12.01 2016고단1980
폭력행위등처벌에관한법률위반(공동상해)
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Defendant

A shall be punished by imprisonment for six months, by a fine of 5,00,000 won.

Defendant

B The above fine.

Reasons

Punishment of the crime

Defendants around 03:20 on August 26, 2016, around E 03:0, around E 03:20 on Jeju Island, were in distressed with the victim F (37 years of age), and Defendant A was able to take part in the victim’s distribution and face due to drinking and growth, and Defendant B was able to take part in the victim’s body due to drinking and growth.

As a result, the Defendants jointly sought the victim, and caused the victim to suffer approximately two weeks of treatment.

Summary of Evidence

1. Defendants’ respective legal statements

1. The statement of each police officer made to F and G;

1. A report on investigation;

1. A general medical certificate;

1. Application of the relevant Acts and subordinate statutes (22 pages of investigation records);

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

1. Defendant B of detention in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Defendant A who is subject to suspended execution: Article 62 (1) of the Criminal Act (hereinafter referred to as “Chocks favorable to the following sentencing grounds”);

1. Defendant A who has an order for probation and education: Article 62-2 of the Criminal Act;

1. Defendant B of the provisional payment order: Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. Defendant A, who has been punished by a fine on three occasions due to the crime of violence, sustained injury to the victim by selling the victim’s face and appearance of the victim in a discriminatory manner, such as drinking and drinking, and drinking and drinking. In light of the fact that: (a) the risk of the crime is serious and the nature of the crime is extremely poor; and (b) the principal responsibility for the injury of the victim appears to be the defendant; and (c) the defendant continues to repeat the crime of violence even though he had the history of having been punished by a fine on three occasions due to the crime of violence, the defendant should be severely punished.

However, the defendant confessions the crime of this case, and the defendant B at the investigation stage.

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