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(영문) 청주지방법원 2013.11.27 2013고단398

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. On October 23, 2012, the Defendant: (a) around 23:30 on October 23, 2012, the Defendant, while drinking alcohol at the E main store located in Heung-gu, Young-gu, Chungcheongnam-gu; (b) was injured by the Victim F (44 years of age) on the ground that he/she went to the said main point, and on the ground that he/she went to the said main point, and caused the Victim F’s face twice, thereby getting the Victim F to put him/her to a nose for the treatment days.

2. While the Defendant, as described in paragraph 1, was in F, had the head from the victim G, who was in F, to the cremation site via the cremation site, and had the victim undergo approximately 14 days’ face from the victim G outside the E main store, and had the victim undergo approximately 14 days’ face treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each legal statement of the witness H, I and J;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Relevant Article of the Criminal Act and Article 257 (1) of the Criminal Act concerning the selection of penalties;

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

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order shall be determined as ordered in consideration of the favorable circumstances such as the confession of the Defendant to the instant crime, the fact that there is no record of punishment for the same kind of crime, and the fact that there is no agreement with the victims, and all other factors of sentencing including the age, character and behavior, environment, circumstances of the crime, and circumstances after the crime.

The acquittal portion

1. The summary of the facts charged was around 23:30 on October 23, 2012, the Defendant: (a) while drinking alcohol at E main points located in Heung-gu, Chungcheongnam-gu; (b) on the ground that the Victim F (the age of 44) was entering the said main points, and that the Defendant was at least 10 times of the victim F’s face, hair, body body, etc., due to a beer disease, which is a dangerous object on the ground that the Defendant she was rashing against the Defendant; and (c) on the ground that the Defendant prevented the Defendant from drinking out of the said main points, the Defendant was pushed the victim over the ground.

Accordingly, the Defendant is in danger of dangerous things as above.