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(영문) 대구지방법원 2013.09.27 2013고단4423

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

Defendant

B Imprisonment with prison labor of one year and six months, and Defendant A shall be punished by a fine of one million won.

Defendant

A The above fine shall be imposed.

Reasons

Criminal facts

1. Around 22:00 on April 18, 2013, Defendant B, while drinking G apartment 109 Dong-gu 103, G apartment 109 Dong-gu, Daegu Dong-gu, and drinking alcohol, Defendant B, along with F, Victim A (the age of 45) and the floor of the Defendant’s left side of the Defendant, f, f, and f, and f, glicked from the victim, f, and f, f., f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. 8, 2013.

2. Defendant A, while drinking F, victim B (year 48) and drinking alcohol at the time and place specified in paragraph (1), had a mind that the victim would have to restrain the victim from drinking f, which is pulverging the victim’s left side bridge and bee pulverging the victim’s floor, and had the victim’s head at one time with a stick for mountain use, in which the victim’s head cannot be identified.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each prosecutor's interrogation protocol of B and A;

1. The police statement concerning F;

1. Application of the Acts and subordinate statutes to photographs of damaged areas and damaged parts;

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Defendant B: Articles 3(1) and 2(1)3 of the Punishment of Violences, etc. Act, Article 257(1)3 of the Criminal Act

B. Defendant A: Article 257(1) of the Criminal Act (Selection of Fine)

1. Discretionary mitigation (Defendant B) Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., the confession of a crime, reflectment, and the fact that the victim does not want the punishment);

1. Articles 70 and 69 (2) of the Criminal Act for detention in a workhouse (Defendant A);

1. Article 62 (1) of the Criminal Act (limited to the grounds for discretionary mitigation);

1. Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc.;

1. It is so decided as per Disposition for the reason that Article 334(1) of the Criminal Procedure Act is not less than 334(1).