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(영문) 청주지방법원 2014.04.10 2013고단1798

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 October 29, 2013, at the main point of "F" in Jincheon-gun E, Jincheon-gun, the Defendants: (a) while drinking together, the victim G (55 years of age) had a dispute with the Defendant on the ground that he she saws against the Defendants; (b) Defendant A was suffering from beer disease due to beer; (c) Defendant B took part of the victim’s head by taking advantage of a person who is a dangerous object at the above main point; and (d) Defendant C took part of the victim’s head by taking advantage of the person who is a dangerous object at the above main point; (b) Defendant C is the “Defendant” in the written indictment of the victim; and (c) it is evident that there is any clerical error in writing. The part of the part of the strike was taken toward.

As a result, the Defendants conspired to carry dangerous objects and carried them on the right side, which requires treatment for about 21 days.

Summary of Evidence

1. Legal statement to the effect that Defendant A’s “a fact that he had a beer’s disease towards the bottom”, and each legal statement of Defendant B and C

1. The witness G’s statement to the effect that “A witness was a wall and a mash with the Defendants, but Defendant A was able to be a witness while taking a bath. When Defendant A attempted to gather beer disease, the witness was reported at the time when the Defendant A tried to do so, and the beer disease was broken against the wall rather than the floor, and the beer disease was broken off. Defendant A was directly the victim of beer disease, and the assault by Defendant B and C led to assault by Defendant B and C.”

1. Some police interrogation protocol of Defendant A, police interrogation protocol of Defendant B and police interrogation protocol of Defendant B

1. Application of Acts and subordinate statutes to the police statement concerning G;

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 (The following extenuating circumstances among the reasons for sentencing):

1. Defendants of suspended execution: not less than two persons who are the grounds for conviction against Defendant A, which are favorable for sentencing under Article 62(1) of the Criminal Act (hereinafter the following grounds for sentencing).