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(영문) 서울북부지방법원 2014.01.06 2013고단2218

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

Defendant

A Defendant A shall be punished by imprisonment with prison labor for a year and six months.

However, the above sentence shall be executed for three years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

[criminal power] Defendant B was sentenced to three years of imprisonment for special robbery, etc. at the Seoul Central District Court on April 23, 2010, and the judgment became final and conclusive on June 24, 2010, and completed the execution of the sentence in the female prison on February 11, 2013.

【Criminal Facts】

On May 29, 2013, around 03:10 on May 29, 2013, the Defendants thought that Defendant C her drinking alcohol talks with Defendant A, B, and Busan Sluxa, and that Defendant C her drinking alcohols with other clients (33 years of age) and H (34 years of age) play in accordance with the rest.

Defendant

A collected the head of the victim G and the victim H, one time each, while drinking the body of the victim G and the victim H, which is a dangerous object, and met the face of the victim G and the victim H.

Defendant

B, while gathering a dangerous object, I am together with the victims, and go to the other customers, I am blicker's disease before the victims, and am blicker's disease before the victims trying to display it, and again blicker's disease was blicked on the floor of other clients, and blicker's disease was blicker's disease towards the victim's H.

Defendant

C collected the victim H's body in several times, and made it time to take the victim H's face by drinking it.

As a result, the Defendants jointly put the victim G and H with a dangerous object, each of which requires three weeks of treatment.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each injury diagnosis letter;

1. Application of Acts and subordinate statutes concerning criminal records and investigation reports;

1. The Defendants of relevant criminal facts: Articles 3(1) and 2(1)3 of the Punishment of Violences, etc. Act, Articles 257(1) and 30 of the Criminal Act

1. Defendant B among repeated crimes: The proviso to Article 35 and the proviso to Article 42 of the Criminal Act;

1. Defendants among concurrent crimes: the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act: Defendant B of Article 42 of the Criminal Act

1. Discretionary mitigation Defendants: Criminal Act.