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(영문) 광주지방법원 목포지원 2015.05.15 2015고단144
폭력행위등처벌에관한법률위반(공동상해)
Text

Defendant

A shall be punished by imprisonment with prison labor for four months and by imprisonment for six months.

However, this judgment is delivered to Defendant A.

Reasons

Punishment of the crime

On December 20, 2014, at a restaurant where it is impossible to know the trade name in the upper dong at a wooden city around 19:00 on December 20, 2014, the Defendants were punished for a dispute on the ground that the victim D (60 years of age) who is a customer is sleeped from the back seat while eating meals. Defendant A was able to keep the victim's body in front of a restaurant and take the victim's face back by drinking, and Defendant B was able to walk out by hand over the lower lower part of the victim's back on the lower part of the 56-day medical treatment, and the victim suffered injury, such as cutting down the upper part of the back bridge that requires approximately 56-day medical treatment.

Accordingly, the Defendants jointly inflicted an injury on the victim.

Summary of Evidence

1. Defendants’ respective legal statements

1. Legal statement of witness D;

1. The interrogation protocol of the police as to D, the interrogation protocol of the police as to Defendant B and D, and the second interrogation protocol of the police as to Defendant B and D;

1. Written statements of D;

1. A written diagnosis of injury;

1. CCTV images;

1. Application of the Act and subordinate statutes to a report on investigation (in cases of attaching three criminal suspects on the spot CCTV photographs);

1. Article 2(2) and Article 2(1)3 of the Punishment of Violences, etc. Act (Amended by Act No. 12896, Dec. 30, 2014); Article 257 of the Criminal Act concerning criminal facts;

1. Suspension of execution (Defendant A) Article 62 (1) of the Criminal Act (The following consideration shall be given in favor of the reasons for sentencing);

1. Article 62-2 of the Criminal Act;

1. Reasons for sentencing under Articles 32 (1) and 25 (3) 3 (Article 25 (3) 3 of the Act on Special Cases concerning the Rejection of Action, etc. of Application for Compensation;

1. Determination of types of crimes: Type 1: General injury to a violent crime;

2. Determination of the scope of sentence: Basic area, April to June (no special person shall be punished);

3. The Defendants, who began with the victim’s horse or dispute, appears to have caused the instant crime by contingency while fighting their body, and Defendant B did not have any past record of criminal punishment before being sentenced to criminal punishment.

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