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(영문) 광주지방법원 목포지원 2015.06.19 2015고단369

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등

Text

Defendant

B Imprisonment with prison labor for two years and for eight months, each of the defendants A.

, however, the defendant from the date of this judgment.

Reasons

Punishment of the crime

On February 23, 2015, the Defendants: (a) around 01:30 on 01:30 on Mapopo-si, and (b) on the ground that the Victim F (19 years of age) calls to female players, the Defendants were in dispute with the Victim F, G (19 years of age) on the grounds that the Victim F, G (19 years of age) calls to the Defendant’s female players; (c) Defendant A was in his/her hand sealed twice the part of the Victim G’s G with his/her hand on two occasions; (d) Defendant B was in his/her head one time by the Victim F, who is a dangerous object; (e) Defendant B was in the main of the Victim G with his/her own disease; and (e) Defendant B was in the face of the Victim G with his/her left hand.

As a result, the Defendants jointly carried with the Defendant B, a dangerous product, with the victim G, suffered from an in-depth heat injury that requires approximately two weeks of treatment, and assaulted the victim F.

Summary of Evidence

1. Defendants’ respective legal statements

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

1. Each written statement of I, J, K, and L;

1. A written diagnosis of injury;

1. Initial site photographs and site forest photographs;

1. Application of Acts and subordinate statutes to a report on investigation (report on the confirmation of CCTV for EM points);

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

A. Articles 3(1) and 2(1)3 of the Punishment of Violences, etc. Act, Article 257(1) of the Criminal Act (the occupation of an injury to carry dangerous articles), Article 2(2) and 2(1)1 of the Punishment of Violences, etc. Act, Article 260(1) of the Criminal Act (the occupation of joint assault and the choice of imprisonment)

B. Article 2(2) and Article 2(1)3 of the Punishment of Violences, etc. Act, Article 257(1) of the Criminal Act (the point of joint injury), Article 2(2) and Article 2(1)1 of the Punishment of Violences, etc. Act, Article 260(1) of the Criminal Act (the point of joint violence) and the choice of imprisonment with prison labor

1. Aggravation of concurrent crimes (of the defendants), the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (within the scope of the sum of the long-term punishments of each of the above two crimes);

1. Discretionary mitigation (Defendant B) Articles 53 and 55(1)3 of the Criminal Act (Consideration of the following sentencing);

1. The reasons for sentencing under Article 62(1) of the Criminal Act, each of the suspended sentence (the defendants).