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(영문) 광주지방법원 순천지원 2014.01.22 2013고단2059

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 00:45 on August 15, 2013, the Defendant listened to the horses that are frightened from the female employees on the name-free side of the Defendant, who were sitting and drinking alcohol at the main point, and d'D, which were frighted to take a fright, such as the Defendant’s attempt to throw the instant cup while taking a bath to the victim F (the age of 46). The Defendant laid down his table, at the right right angle, when the Victim G (the age of 53) who was seated in the next table, “I fright without permission for women.”

그로 인해 피고인의 일행인 E와 G 사이에 시비가 되어 E가 G의 멱살을 잡고 뒹굴자, 피고인은 구석에 있는 맥주박스에서 위험한 물건인 맥주병을 꺼내 피해자 F의 머리를 1회 내리쳐 깨뜨리고, 위험한 물건인 다른 맥주병을 꺼내 그 병이 깨질 정도로 피해자 G의 머리를 세게 1회 내리쳐, 피해자 F에게 2주간의 치료를 요하는 안면열상을, 피해자 G에게는 2주간의 치료를 요하는 두피열상을 각각 가하였다.

Accordingly, the defendant, in collusion with E, inflicted an injury on the victims while carrying dangerous objects.

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol of E and G;

1. Each police statement made to F and H;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act concerning the crime concerned, Article 257 (1) of the Criminal Act, Article 30 of the Criminal Act;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (the fact that the defendant is against his/her will, the fact that he/she has no record of punishment for a crime other than once a fine, and the fact that he/she has agreed with the victims);

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary mitigation);