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(영문) 수원지방법원 2015.05.27 2015고단1505

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

Defendant

A Imprisonment with prison labor of one year and six months, and Defendant B shall be punished by imprisonment with prison labor of six months.

except that from the date of this judgment.

Reasons

Punishment of the crime

1. At around 03:00 on Nov. 4, 2014, Defendant A received contact that “a person was sexually indecent act” from D, which is located in front of the water source station located in Suwon-si, Suwon 1, 1, 8-1, and the victim E (the age 21) was identified, Defendant A suffered bodily injury, such as the victim’s desire defect, the damage of the body part of the left part, and the blood species, which are dangerous objects in the between the vehicle and the road of the Defendant, on two occasions, by taking two occasions the body of the victim’s left part, the victim suffered approximately four weeks of medical treatment.

2. Defendant B assaulted the victim E at the above date, time, and at the above place, and combined with it. Defendant B taken the victim’s body 2 to 3 times by walking the victim’s bridge and taken the victim’s body 2 to 3 times, followed the victim’s face once, and led the victim to approximately 4 weeks of treatment. In addition, the Defendant 2 took the blood species and sponsed on the right side of the victim, which requires approximately 4 weeks of treatment.

Accordingly, the defendant, together with A, injured the victim.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement to E by the police;

1. A copy of the police statement concerning F;

1. Each pen of G and H;

1. Application of the Acts and subordinate statutes of the text messages sent and received by the parents of A and E;

1. Article 3 (1) and Article 2 (1) 3 of the Punishment of Violences, etc. Act, Article 257 (1) 2 of the Criminal Act: Article 2 (2) and Article 2 (1) 3 of the Punishment of Violences, etc. Act, Article 257 (1) 3 of the Criminal Act, Article 257 (1) of the Criminal Act (Selection of Imprisonment);

1. Defendant A who renders discretionary mitigation: Articles 53 and 55 (1) 3 of the Criminal Act ( normal consideration of the favorable reasons for the punishment in question);

1. Defendants in a suspended sentence: Defendant A (a person who has been specially punished) for the reason of sentencing under Article 62(1) of the Criminal Act (the favorable circumstances among the reasons for both types of punishment) and Article 62(1) (the scope of recommendation), the area of mitigation (1 year and June 2), the area of mitigation (1 year and June 6), the area of mitigation (1 year and June 6) [a person who has been specially punished], the decision of sentence was made], and the degree of injury inflicted on the victim.