Defendants shall be punished by imprisonment for three months.

However, from the final date of this judgment, the Defendants for one year each.

Punishment of the crime

Defendant

On September 10, 2020, A was sentenced to one year of imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (joint injury) and two years of suspension of execution, and the judgment became final and conclusive on September 18, 2020, and Defendant B was sentenced to six months of imprisonment with prison labor for special larceny, etc. at Jeju District Court on August 12, 2020 and two years of suspension of execution and became final and conclusive on August 20, 2020.

피고인들은 2020. 3. 29. 15:30경 제주시 C 건물 지하 주차장에서 피해자 D(22세)이 피고인 A에게 빌려간 돈을 갚지 않는다는 이유로 피고인 A는 주먹으로 피해자의 몸통, 배, 어깨 등을 수회 때리고, 발로 피해자의 다리 등을 수회 걷어찼으며, 피고인 B도 이에 합세하여 주먹으로 피해자의 몸통 부위를 수회 때리고, 발과 무릎으로 피해자의 몸통 등을 차고 찍는 등 피해자를 폭행하였다.

Accordingly, the Defendants jointly assaulted the victim.

Summary of Evidence

1. Defendants’ respective legal statements

1. Previous records shown in a written statement of preparation (violation of the Punishment of Violences, etc. Act), related photographs, 112 reporting records, investigation reports (STV image verification), and photographs to cut CCTV images: The statement of criminal records, investigation reports (list of related cases and indictments attached thereto), list of related cases, and the application of Acts and subordinate statutes of indictment;

1. Relevant Article 2 (2) 1 of the Punishment of Violences, etc. Act, Article 2 (1) of the Criminal Act, Article 260 (1) of the Criminal Act, the choice of imprisonment with prison labor, and the choice of a sentence

1. The latter part of Article 37 of the Criminal Act and Article 39 (1) of the same Act for concurrent crimes;

1. The reason for sentencing under Article 62(1) of the Criminal Act (see, e.g., taking into account the favorable circumstances among the reasons for sentencing) is that the instant crime is jointly used by the victim, and the nature of the crime is not less than that of the victim, the time for exercising violence is not shorter than that of the victim, and the extent that the Defendants did not agree with the victim is disadvantageous.

(b).