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(영문) 서울남부지방법원 2016.10.25 2015고단4186 (1)

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

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

Reasons

Punishment of the crime

On July 28, 2013, around 18:40, the Defendant and C (C, D) discussed the following issues: (a) the Defendant and C (C, D and D were the victims G (P) who had drinking alcohol on other tables while drinking alcohol in Yeongdeungpo-gu Seoul Metropolitan Government at the main point of “F” located in Yeongdeungpo-gu, Seoul; (b) the Defendant and C (C, D & D) were the victims H (37 years of age), victims I (4 years of age) and vision.

C is a beer's disease, which is a dangerous object in the table of the victims, when the head part of the victim G was several times, and the defendant was a beer's disease, which is a dangerous object, when the head part of the victim H was several times. The defendant and C are in line with the shoulder of the victim I by displaying beer's disease in the process.

As above, the Defendant and C suffered injury to the victim G, which requires approximately 22 days of medical treatment, and suffered injury to the victim H, such as two cryp, requiring approximately 22 days of medical treatment, and the victim I am the left-hand shoulder and the arms in need of medical treatment for about 15 days.

The Defendant and C inflicted injury upon the victims by using beer disease, which is a dangerous thing as seen above.

Summary of Evidence

1. The defendant's partial statement in the second protocol of trial;

1. Part of the interrogation protocol of the prosecution (including G statements) and the interrogation protocol of the accused to the prosecution;

1. Statement made by C of a witness in the fourth trial record;

1. Statement made by the witness J (I before the opening of the statement) in the fifth trial records;

1. The police statement to I, the police statement to K, and the police statement to K;

1. Each police suspect interrogation protocol (including G and I statements) of the accused;

1. Each police interrogation protocol of G and H:

1. Application of Acts and subordinate statutes to on-site photographs, diagnostic reports, each injury diagnosis report, each damaged photograph, and each investigation report;

1. Articles 258-2 and (1), 257 (2) and 30 of the Criminal Act concerning the facts constituting an offense;

1. Among concurrent offenders, the reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act is the beer's disease, which is a dangerous thing for the defendant, in the same agreement between C and the victim I.