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(영문) 대구지방법원 2019.08.21 2019고단3344
폭력행위등처벌에관한법률위반(공동상해)
Text

Defendant

A Imprisonment with prison labor for one year, and for ten months, for Defendant B.

except that, for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

A On May 29, 2019, in the Seo-gu District Court Branch of the Daegu District Court, sentenced two years of suspension of execution to six months of imprisonment for an injury, and the judgment became final and conclusive on June 6, 2019.

On April 5, 2019, at around 02:45, the Defendants got off the floor of 'Ding practice room' located in Daegu Northern-gu C, Daegu Northern-gu, for the reason that the victim E (the age of 41) was changed in front of the Kabter, and turned over the victim's face, body, etc.

As a result, the Defendants jointly inflicted an injury on the victim for about 35 days, which requires the victim to receive a 35-day treatment.

Summary of Evidence

1. Defendants’ legal statement

1. A protocol concerning the examination of each police suspect against F, E, or G;

1. Images of CCTV images bound in a police investigation report;

1. A written diagnosis of injury;

1. Previous conviction (Defendant A): The application of inquiry report to inquiry and the Acts and subordinate statutes to report the investigation by the prosecution;

1. Relevant Article and the choice of punishment for the crime: Article 2 (2) 3 of the Punishment of Violences, etc. Act and Article 257 (1) of the Criminal Act of the Defendants;

1. Concurrent treatment: The latter part of Article 37 and Article 39 (1) of the Criminal Act of Defendant A;

1. Suspension of execution: Article 62 (1) of the Criminal Act of each of the Defendants;

1. Probation: Reasons for sentencing under Article 62-2 of the Criminal Act of the Defendants;

1. Scope of punishment by law: Imprisonment with prison labor for one month to ten years;

2. The scope of recommendations according to the sentencing guidelines [decision of types] the general injury [Type 1] general injury (special person) - mitigated factors: In a case where the victim is fully responsible for the occurrence of a crime or the expansion of damage, the victim shall be suspended from execution at least twice in cases where the victim is jointly responsible for the occurrence of a crime or for the expansion of damage. [The scope of recommendations and recommendations] special mitigation area, one month to ten months [the general person] increased factors: Suspension of execution [the grounds for suspension of execution] - Where the victim is fully responsible for the occurrence of a crime or the expansion of damage, the victim shall be suspended from execution at least twice.

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