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(영문) 전주지방법원 2013.12.12 2013고단1708

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

Defendants shall be punished by imprisonment for one year and six months.

However, the defendant B for three years from the date this judgment became final and conclusive.

Reasons

Criminal facts

On April 9, 2013, the Defendants reported that the Defendants F, the first executive of the Defendants, in the E-state located in Kim Jong-si, Kim Jong-si, was disputing with the victim G, the first executive, H, and the Si guard.

At that time, Defendant A, who was the victim’s face of the victim, i.e., an empty beer who is a dangerous object in the table, was the victim’s head twice. The victim’s face was 4-5 times in drinking, the victim’s face was 7-8 times in length, and the victim’s face was 7-8 times in length, and the victim’s face was flicked, and the victim B suffered bodily injury, such as thale, thale, internal, and thale for about 8 weeks of treatment.

Accordingly, the Defendants jointly carried dangerous objects and inflicted injury on the victim.

Summary of Evidence

1. Defendants’ legal statement

1. Each police interrogation protocol against Defendants, F, and G

1. Each police statement made to I;

1. Arrest report on the occurrence of the case, report on internal investigation and investigation report, and evidential materials attached thereto;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Articles 3 (1), 2 (2) and 2 (1) 3 of the Punishment of Violences, etc. Act concerning the facts constituting an offense, Articles 257 (1) and 30 of the Criminal Act;

1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (the circumstances favorable to the Defendant, including the fact that the Defendant made a confession of the instant crime and reflects in depth the mistake, the victim first prices the Defendants, etc., and the victim has an aspect of inducing the instant crime)

1. Defendant B of a suspended execution: Article 62 (1) of the Criminal Act (The degree of participation of the accused is relatively minor and consideration given to favorable circumstances, such as the absence of the same criminal records);

1. Defendant B: The circumstances favorable to the Defendant are recognized as having been examined prior to the reason for sentencing against Defendant A under Article 62-2 of the Criminal Act.

However, there is an empty beer who is a dangerous thing for the defendant.