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(영문) 서울남부지방법원 2013.10.11 2013고단946

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

Defendant

A Imprisonment with prison labor for a year and six months, each of the defendants B and C shall be punished by imprisonment for a period of four months.

provided that this ruling has become final and conclusive.

Reasons

Punishment of the crime

Defendant

A around 01:40 on January 22, 2013, at the main point of "G" located in Geumcheon-gu Seoul Metropolitan Government F, the victim H (the age of 45) is unable to sing and singing, and thereby, the victim H (the age of 45) was able to sing, and the victim's face was sing down and sing down by drinking.

Since then, the victim got the above main point and entered again to find the border, the defendant C and the defendant C, who were his her flab, had his her flab with the victim's head, head, flab, and flab, and had the victim flab with his her flab.

In addition, in the process, Defendant A collected beer, which is a dangerous thing in the vicinity, and caused injury to the victim, such as an open room and a safafafafafafafafafafa, which requires treatment for about four weeks, at the price of the part of the victim once.

As a result, Defendant A carried dangerous articles and inflicted an injury on the victim, and Defendant C and Defendant B jointly inflicted an injury on the victim.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each legal statement of the witness H, I and J, and part of the witness B’s legal statement;

1. Part of the first protocol concerning the interrogation of the police suspect against the defendant C and B;

1. The police statement of K;

1. On-site reports;

1. On-site photographs and photographs of each bodily injury;

1. Application of Acts and subordinate statutes of a medical certificate;

1. A of the relevant criminal facts: Articles 3(1) and 2(1)3 of the Punishment of Violences, etc. Act, Article 257(1)2 and C of the Criminal Act, Article 2(2) and (1)3 of the Punishment of Violences, etc. Act, Article 2(1)3 of the Punishment of Violences, etc. Act, Article 257(1) of the Criminal Act, and the choice of imprisonment, respectively;

1. Defendant A whose discretionary mitigation is to be made: Articles 53 and 55 (1) 3 of the Criminal Act (the favorable circumstances to be considered below):

1. Judgment as to Defendant B and C’s assertion of Defendant A and C’s assertion under Article 62(1) of the Criminal Act (the favorable circumstances as seen below)

1. Defendant A does not have any price for beer.