2014 Highest 8919 Violation of the Punishment of Violences, etc. Act (joint injury)

A

B

Lee Jong-sung (Court) and Kim Jong-tae (Court of Justice)

Law Firm C (private ships for the defendants)

Attorney in charge D

August 20, 2015

Defendants shall be punished by imprisonment for eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

To order the Defendants to be put on probation and to provide community service for 160 hours.

Criminal facts

Defendants and E have invested an amount of KRW 70 million from F and attempted to make an additional investment, but F did not make an investment with the loyalty of the victim G (the age of 26) and the victim H (the age of 26). As the Defendants and E did not make an investment, they solicited the victims to raise their complaints and assault the victims.

On March 25, 2014, the Defendants, together with E and I, moved in front of KJ in Jung-gu, Incheon on March 25, 2014, 03:00, and E, "E was without being invested due to collapses to the victims," and walked the victim G's face at several times due to drinking, and Defendant B, Defendant A, and I got force from their side, and continued to take part in the victim's left part of the victim's G at one time, and the victim's Ha head and Ha head.

Defendants and E transferred victims to the above J’s parking lot official, and E took the face, hair, and bridge of the victims due to drinking and saliva, and the Defendants took the face, hair, and bridge of the victim H due to drinking and saliva.

As a result, the Defendants and E shared with I set up the inner part and inner part and inner part of the throstosis that require medical treatment for about 21 days to the victim G, and the victim H set up the internal part and the internal part and the inspection part that require medical treatment for about 21 days.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each legal statement of witness G and H;

1. Each police statement of G and H;

1. A photographs of damaged parts and on-site photographs;

1. A medical certificate;

Application of Statutes

1. Article applicable to criminal facts;

Article 2(2) and (1)3 of the Punishment of Violences, etc. Act, and Article 257(1) of the Criminal Act

1. Selection of punishment;

Each Imprisonment Selection

1. Aggravation for concurrent crimes;

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

1. Suspension of execution;

Article 62(1) of the Criminal Act ( Taking into account the following factors: (i) the Defendants were led by the commission of the instant crime; (ii) the degree of participation is insignificant compared to E; (iii) there is no record of criminal punishment exceeding the fine; and (iv) there is an agreement with

1. Probation and community service order;

Article 62-2 of the Criminal Act

Reasons for sentencing

【Scope of Recommendation】

General Injury Type 1 (General Injury): Basic Area ( April to January 16)

【Special Convicted Persons】

None

【Determination of Sentence】

Imprisonment for eight months, two years of stay of execution, probation, community service hours 160 hours;

Judges Mak-hee