beta
(영문) 수원지방법원 2014.03.26 2013고단6645

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

Defendants shall be punished by imprisonment for two years.

However, each of the above three years from the date the judgment became final and conclusive is against the Defendants.

Reasons

Punishment of the crime

1. Defendant A, at around 05:00 on September 27, 2013, had been arguing with the victim B (the age of 45) due to the drinking value problem, Defendant A, as drinking, took once a part of the face of the victim’s head, body part, etc. from a cleaning machine (the total length of 70cm) in a series of times with the victim’s head, body part, etc. at a cleaning machine (the total length of 70cm) at the same time, and followed the part of the victim’s left hand knife (the total length of 16cm) in his/her hand, and knife the victim’s loss towards the victim.

In this way, the defendant carried dangerous articles and caused the victim to suffer approximately four weeks of medical treatment.

2. Defendant B, at the above date and place, set up against the victim A (the age of 46), the victim A (the age of 46) satisfe the head of the victim satisfe five times, and satisfe the part of the victim satisfe the victim by cutting the victim's knife who was satisfe against his hand.

In this way, the defendant carried dangerous things and carried them for about six weeks to give medical treatment to the victim.

Summary of Evidence

1. Defendant B’s legal statement

1. Statement made to Defendant A in the first trial record;

1. The police statement concerning F;

1. Protocols of seizure by each police (Articles 5 and 6 of the evidence lists);

1. Each photograph (Nos. 7, 21 of the evidence list);

1. Application of Acts and subordinate statutes to each injury diagnosis certificate and each opinion (Evidence Nos. 10, 11, 14, 22)

1. The Defendants of relevant criminal facts: Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act and Article 257 (1) of the Criminal Act

1. Defendants subject to discretionary mitigation: Articles 53 and 55(1)3 of the Criminal Act;

1. Defendants on probation: Article 62(1) of the Criminal Act

1. Confiscation of Defendant B: The degree of injury inflicted by the Defendants to each other on the grounds of sentencing under Article 48(1)1 of the Criminal Act, and the extent of the injury inflicted by the Defendants to each other; Defendant B did not have any criminal power; Defendant A had no criminal power; and Defendant A had only been sentenced to a fine once.