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(영문) 창원지방법원 진주지원 2015.09.23 2015고단513 (1)

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

Defendants shall be punished by imprisonment for one year and six months.

However, it is against the Defendants for 3 years from the date of the final judgment.

Reasons

Punishment of the crime

On November 21, 2014, at around 22:10, the Defendants 22:10, around 21, 2014, while drinking alcohol together with the “Eju” 103 room located in Namnam-gun, and the victim F(37 years of age). Defendant A was in sight of each other on the grounds that the victim took a bath without any particular reason, and Defendant A was scambling the victim’s face and head. Defendant A scam the victim’s face and head; Defendant scam the victim’s head 2-3 times; Defendant B scam the victim’s face; Defendant B scam the victim’s head was 1-2 times with an empty disease that is a dangerous thing.

As a result, the Defendants conspired with others to carry dangerous objects and caused bodily injury such as tear, etc. to the right side where the number of treatment days cannot be known to the victims.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement made to G, F, and H;

1. Application of each statute on photographs;

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. Defendants subject to discretionary mitigation: Articles 53 and 55(1)3 of the Criminal Act;

1. The Defendants under suspended execution: (a) in light of the circumstances leading up to the instant crime; (b) the means leading up to the instant crime; and (c) the risk thereof, the Defendants’ criminal liability is not against the Defendants; (b) the Defendants’ violation of their criminal liability; (c) the Defendants did not wish to punish the Defendants; (d) the Defendants did not have any penal power other than the same criminal power and fine; and (e) Defendant B did not have any penal power other than the fine, the Defendants’ violation of their criminal liability; and (e) the Defendants did not have any other penal power other than the fine, considering the favorable circumstances favorable to the Defendants; and (e) the Defendants’ age, character and conduct, and other various