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(영문) 대구지방법원 2013.08.22 2013고단3658

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

Defendant

A shall be punished by imprisonment with prison labor for a year and six months, and by imprisonment with prison labor for a period of four months.

However, as to Defendant A, this shall not apply.

Reasons

Punishment of the crime

1. At around 13:50 on May 19, 2013, Defendant A discussed the issue of victim B(49 years of age) and juvenile decoration in front of the “F cafeteria” located in Daegu Northern-gu E, and Defendant A suffered an injury, such as an internal heat, where the victim’s face cannot be known, due to a sudden flasing of the victim’s face, in front of the “Gma” in front of the “Gma” in the vicinity where he continued to talk with the said victim, and caused an injury to the victim, such as an internal heat, where the period of treatment cannot be known.

2. On May 19, 2013, at around 13:50, Defendant B, on the street in front of the “F cafeteria” located in Daegu-si, Daegu-si, the Defendant discussed with the victim A (the age of 37) as above, and she took part in the face of the said victim as a drinking, and continued to talk with the said victim again on the street in front of the “Gmaart” in the vicinity of the said victim, and caused injury to the victim, such as damage to the character of the nose, which requires approximately four weeks of medical treatment.

Summary of Evidence

1. Defendants’ legal statement

1. A report on an occurrence;

1. Application of Acts and subordinate statutes to each investigation report (the attachment of photographs of the body of the suspect B, the counter investigation of witnesses, submission of a written agreement, and the submission of a suspect A's death diagnosis report);

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

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

B. Defendant B: Article 257(1) of the Criminal Act

1. Defendant A for discretionary mitigation: Articles 53 and 55 (1) 3 of the Criminal Act;

1. The extent of damage inflicted on the Defendants for sentencing under Article 62(1) of the Criminal Act of the suspended sentence is significant. Defendant B again committed the instant crime despite multiple violences. Therefore, the Defendants should be strictly punished.

However, the defendants do not want to punish the other party by mutual consent.