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(영문) 수원지방법원 성남지원 2015.11.18 2015고단1098

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

Defendant

A Imprisonment for two years, and each of the defendants B and C shall be punished by imprisonment for one and half years.

except that this shall not apply.

Reasons

Punishment of the crime

1. Defendant A around 19:00 on March 22, 2015, at the “G” restaurant located in Sungnam-gu Seoul Special Metropolitan City F, the victim C (38 years of age), the victim C (41 years of age), and B while drinking alcohol, the victim C took her head in his/her hand.

Accordingly, the Defendant cited excessive (9.5cm in length) which is a dangerous object that he had in the front of the said restaurant at his own house in the vicinity of the said restaurant, and prevented the victim H who was next to the said restaurant while going to the victim C while going to the said restaurant, and continued to have a part of the victim H’s rear and left side of the said cafeteria one time in each direction.

As a result, the Defendant inflicted injury on the victim H, such as the back part of the lower wood that requires treatment for about three weeks, and put the victim C to the right side of the lower part that requires treatment for about two weeks.

2. Defendant C and B, at the time and place specified in paragraph (1), assaulted the victim A and 29 years of age, and the victim, with multiple times, followed the victim’s dispatch and face, thereby inflicting an injury on the victim, such as external surgery, which requires approximately 12 weeks of treatment.

Summary of Evidence

1. Defendants’ legal statement

1. Each legal statement of a witness A and C;

1. Statement of the police statement related H;

1. Each investigation report (number 11, 17);

1. Each injury diagnosis letter;

1. Records of seizure and the list of seizure;

1. Seized articles and on-site photographs;

1. Application of the H photographic Acts and subordinate statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Defendant A: Articles 3(1) and 2(1)3 of the Punishment of Violences, etc. Act and Article 257(1)3 of the Criminal Act

B. Defendant B and Defendant C: Article 2(2) and 2(1)3 of the Punishment of Violences, etc. Act, Article 257(1) of the Criminal Act, the choice of imprisonment with prison labor

1. Discretionary mitigation Defendant A: The Defendant reflects on Articles 53 and 55(1)3 of the Criminal Act, and the victims seek the Defendant’s prior action.