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(영문) 인천지방법원 2016.05.19 2015고단7761
폭력행위등처벌에관한법률위반(공동상해)
Text

Defendant

A Imprisonment for four months, and Defendant B shall be punished by a fine of 2,00,000 won.

Defendant

B The above fine.

Reasons

Punishment of the crime

[criminal records] Defendant A was sentenced to three years of suspended execution on September 11, 2015 by imprisonment with prison labor on February 5, 2015 by the Incheon District Court for interference with the execution of special duties, etc., and the judgment becomes final and conclusive on September 11, 2015, and is currently under suspended execution.

[Criminal facts] Defendant A, Defendant B, and G are employees who perform their duties at a waste disposal business entity and remove the building called “H” located in Incheon.

From September 18, 2015, the Defendants: (a) around 21:54 on September 18, 2015, on the grounds that the victim K and the victim L were seated in the table table of Defendant D's driving; (b) Defendant B got out of the floor of the victim L and walked back back back to the left side of the left side; and (c) Defendant A assessed the chest part of the steel products in the above business site by putting the products of the steel products in hand and making it difficult for the victim K.

As a result, the Defendants jointly inflicted an injury on the victim K, such as the aggregate of the left-hand body body in need of approximately 6 weeks of treatment, and the victim L suffered an injury, such as salt, tension, etc. in need of approximately 2 weeks of treatment.

Summary of Evidence

1. Defendants’ respective legal statements

1. A protocol concerning suspect interrogation of the defendant A by the prosecution;

1. A protocol concerning the examination of suspect against the defendant B;

1. Each police statement made against L, K, and M;

1. Previous convictions in judgment: Application of a written inquiry about criminal history, such as a crime (A), investigation report (verification during the period of suspended sentence A of a suspect);

1. Relevant Article of the Act and the choice of punishment for the crime;

A. Defendant A: Article 2(2) and 2(1)3 of the former Punishment of Violences, etc. Act (wholly amended by Act No. 13718, Jan. 6, 2016); Article 257(1) of the Criminal Act (wholly amended by Act No. 13718, Jan. 6, 2016)

B. Defendant B: Article 2(2) and 2(1)3 of the former Punishment of Violences, etc. Act (wholly amended by Act No. 13718, Jan. 6, 2016); Article 257(1) of the Criminal Act (wholly amended by Act No. 13718, Jan. 6, 2016)

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act for the increase of concurrent crimes;

1. Article 70(1) and (2) of the Criminal Act shall be confined in a workhouse (Defendant B).

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