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(영문) 수원지방법원 성남지원 2015.11.11 2015고단1159

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

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Defendants shall be punished by imprisonment with prison labor for one and half years.

However, it is against the Defendants for 2 years from the date of the conclusion of the judgment.

Reasons

Punishment of the crime

1. Defendant A around 15:00 on May 29, 2015, at the office of the injured party B (the age of 41) on the first floor of the building A, Sungnam-si, Manam-si, and at the office of the injured party B (the age of 41), Defendant expressed desire to the injured party’s children, and the snick, which is a dangerous object, was at the time of trial, led to the decline of the injured party’s left side, resulting in a fnishing so that the fnick is in need of approximately two weeks of treatment to the injured party.

2. On May 30, 2015, Defendant B: (a) around May 21, 2015, on the front of the “G convenience store” located in Sungnam-si F, Sungnam-si; (b) on the front of the “G convenience store,” the victim A (the 43 years of age) conspired with the act described in paragraph (1) on the road; (c) the victim’s head was flick, which was a dangerous object, one time, and the victim’s head was flicked, and the victim’

Summary of Evidence

1. Defendants’ respective legal statements

1. Legal statement of the witness H;

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

1. Records of seizure and the list of seizure;

1. Photographs of seized articles;

1. On-site photographs;

1. Damage photographs;

1. A written diagnosis of injury;

1. Application of on-site photographs and statutes governing damage photographs;

1. Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act concerning facts constituting an offense, and Article 257 (1) of the Criminal Act;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (i.e., the degree of injury and the fact that the defendants do not want the punishment to each other);

1. Article 62 (1) of the Criminal Act for a suspended sentence (the grounds for discretionary mitigation repeated);

1. Article 62-2 of the Criminal Act of each community service order;

1. Defendant A: Article 48 (1) 1 of the Criminal Act;