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(영문) 수원지방법원 성남지원 2012.09.28 2012고단1473

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

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

However, with respect to the defendants, from the date of conclusion of each judgment.

Reasons

Punishment of the crime

On May 2, 2012, around 00:53, the Defendants considered the victim F (the age of 43) who passed since Defendant A was assaulted from an instigious person and an instigious person attached to his name and vision in front of the building in Seongbuk-gu, Seongbuk-si, Sungnam-si, as the act of the victim F (the age of 43) who was under the influence of the above instigious person, and got the victim to go to the police station, and pushed the victim's name into his arms and pushed the victim's body.

Accordingly, the victim caused the defect of reflect, such as duplicating the body of Defendant A and pushing the body, the Defendants sent the victim to the outside parking lot of the building in the vicinity of the victim, and the Defendant A used an empty beer disease, which is a dangerous object in the surrounding building, and used the victim's head once as a beer disease, and the victim's head was displayed towards the victim, and the Defendant B duped an empty beer disease, which is an object dangerous to Defendant A’s suppose, and duped the victim’s head once by gathering the beer disease. The Defendant B duped the beer disease, which is a dangerous object to Defendant A’s supposed, and duped the victim’s chest and part of the victim’s chest and parts once.

As a result, the Defendants carried dangerous objects jointly and carried them with the victim's self-confluence in the treatment days.

Summary of Evidence

1. Defendants’ respective legal statements

1. B written statements;

1. A criminal investigation report (related to the attachment ofCCTV recording data to CDs);

1. Application of Acts and subordinate statutes to photographs of victims of each suspect;

1. The Defendants of relevant criminal facts: Articles 3(1) and 2(1)3 of the Punishment of Violences, etc. Act, Article 257(1) of the Criminal Act, Article 30 of the Criminal Act

1. Defendants subject to discretionary mitigation: Articles 53 and 55(1)3 of the Criminal Act (i.e., that the Defendants reflect their mistakes and that they agreed with the victims);

1. Defendants of a suspended sentence: Article 62 (1) of the Criminal Act (General Consideration in favor of the Defendants);

1. Defendants of the community service order: It is so decided as per Disposition on the grounds of the above Article 62-2 of the Criminal Code.