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(영문) 창원지방법원 통영지원 2020.02.06 2019고단1465
폭력행위등처벌에관한법률위반(공동상해)
Text

Defendant

A Imprisonment for six months, and Defendant B shall be punished by a fine of 1,500,000 won.

Defendant

B The above fine shall not be paid.

Reasons

Punishment of the crime

Defendant

On October 2, 2019, A knew that the victim C(28 years of age, South, and North Korea) was able to take a bath while having telephone conversations with D who is the spouse of the defendant A, and asked the victim to seek a full payment of religion, and suggested the victim to the defendant B, who is the seater, to find the victim together with the victim.

피고인들은 같은 날 20:00경 통영시 E에 있는 피해자의 숙소인 빌 호에서, 피고인 A는 피해자가 위와 같이 D에게 욕설을 한 문제를 따지던 중 갑자기 주먹으로 피해자의 얼굴, 가슴 부위를 수회 때리고, 팔로 목을 조르거나 양손으로 피해자의 멱살을 잡아 다리를 걸어 넘어뜨리고, 피고인 B은 이에 가세하여 바닥에 앉아 있던 피해자의 얼굴을 발로 찼다.

As a result, the Defendants jointly inflicted an injury on the left-hand side of the victim, which requires approximately 10 weeks of treatment.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement concerning C and F;

1. Diagnosis certificates and records of the first medical examination in an emergency room;

1. Each photograph;

1. Application of the Acts and subordinate statutes for investigation reporting;

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

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

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

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. Determination of sentence;

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