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(영문) 대구지방법원 포항지원 2019.08.08 2019고단641
폭력행위등처벌에관한법률위반(공동상해)등
Text

The punishment against the Defendants shall be provided for in six months by imprisonment.

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

Reasons

Punishment of the crime

Defendants are in a social-oriented relationship, and victims C(26 years of age) and victims D(26 years of age) are in a friendship relationship.

From December 20, 2018, the Defendants: (a) around 03:35 on December 20, 2018, the victims C, who had drinking in other table E and F restaurants, continued to do the horses to the Defendants.

Defendant

A For the reason that the victim D was "I Sheet Sheet..................................., the victim D’s face at one time, the victim C’s head and trees are cut into two arms, and the victim C’s head and trees were cut into two arms, and the empty disease, which is a dangerous article on the table, continued to be put on the table, took the head of the victim C several times.

Defendant

B In addition, the victim's head and state are shaking several times by putting the victim's head and state, leaving the victim's D over the floor, and leaving the victim's head on several occasions.

As a result, the Defendants conspired in collusion with the victim C to inflict injury on the victim C, such as sugars with no open one room for two weeks of treatment, and jointly inflict approximately three weeks of treatment on the victim D.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police suspect interrogation protocol of C or D;

1. Each injury diagnosis letter;

1. Application of each statute on photographs;

1. Article 258-2 (1), Articles 257 (1), and 30 of the Criminal Act, Article 2 (2) 3 of the Punishment of Violences, etc. Act, and Article 257 (1) of the Criminal Act (the point of joint injury and the choice of imprisonment) of the relevant criminal facts;

1. Of concurrent crimes, the former part of Article 37, and Articles 38 (1) 2 and 50 of the Criminal Act: Provided, That the lowest of the punishment shall be determined for the special injury crime;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act of the suspended execution;

1. The sentencing of Article 62-2 of the Criminal Act for probation is made.

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