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(영문) 의정부지방법원 2017.11.30 2016고합457
폭력행위등처벌에관한법률위반(공동상해)
Text

Defendant

K shall be punished by imprisonment with prison labor for eight months and by imprisonment with prison labor for six months.

Reasons

Punishment of the crime

On August 23, 2015, the Defendants reported the appearance of Defendant K’s catherterization in front of a N cafeteria located in Ma, the 19:15 on August 23, 2015, and reported the victim’sO ( South, 65 years old) to the Defendant K.

For the reason that Defendant K resisting against “the victim’s lebbage,” Defendant K her franddd the victim’s lebbage, Defendant A her frand the part of the victim’sO by cutting the part of the ebbb, and Defendant K her knedd and divided the part of the victim’s O, which is beyond Defendant K, into knee and knee.

Defendant

K reported that the victim P(the age of 53) who is the victim P(the age of 53)'s wife of the victim P(the age of 53) prices the fronter and the victim P's face part as elbow, and the defendant A took part of the victim P's face in order to stop this.

As a result, the Defendants jointly inflicted injury on the victim P, such as diversous salt and saves in need of approximately two weeks of treatment, and injury on the victim P, such as saves that require approximately four weeks of treatment.

Summary of Evidence

1. Part of the Defendants’ legal statements

1. Each legal statement of witnessO, P and Q;

1. A protocol of interrogation of the suspect to the prosecution against the Defendants (at least 18 times)

1. A protocol concerning the interrogation of suspect to the police against the Defendants (at least 13 times);

1. Each injury diagnosis certificate (the net 8,10);

1. Application of the Acts and subordinate statutes to each photograph (not less than 4,00 times a year);

1. Relevant Article 2 (2) 3 of the Punishment of Violences, etc. Act and Article 257 (1) of the Criminal Act (elective of imprisonment) concerning the crime;

1. The defendants subject to aggravated concurrent crimes: Determination as to the defendant and his/her defense counsel's assertion of Article 37 (former part), Article 38 (1) 2, and Article 50 (Aggravation of concurrent crimes with punishment prescribed for a violation of the Punishment of Violences, etc. Act (joint injury) against the victim P with heavy circumstances) of the Criminal Act

1. The summary of the assertion is only that the Defendants were assaulted by the victims.

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