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(영문) 대전지방법원 2014.01.22 2013고단3273

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

Defendant

A Imprisonment with prison labor for two years and for one year and six months, respectively.

except that from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On May 25, 2013, at around 10:25, Defendant A discovered the victim B (the age of 60) who deposited cash in the Ggas charging room located in Daejeon Seo-gu, Daejeon, Daejeon, and discovered the victim, but the victim was unsatisfed, but the victim satddddddddddds the victim, and satdddddds the victim’s bat over three times, and satd the victim’s satds inside the resting room, and forced the victim’s satds over three times, and satdds the victim’s satds, which are dangerous things outside the horse resting room, and satd the victim’s satds and satd the victim’s satds and satd the victim’s satds, etc., for about two weeks in order for the victim to shoulder it.

2. At the same time and place as mentioned in the preceding paragraph, Defendant B collected waste removal and removal strings, which are dangerous objects against the violence of the said victim A (the age of 61), and inflicted injury on the victim, such as an open wife in the part where treatment for about three weeks is required, by taking account of the victim’s face part toward the victim, etc.

Summary of Evidence

1. Defendants’ respective legal statements

1. Legal statement of witness E;

1. Some of the statements made by the police suspect interrogation protocol against the Defendants

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act concerning facts constituting an offense, and Article 257 (1) of the Criminal Act;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The conditions favorable to the reasons for sentencing each of the following subparagraphs shall be considered);

1. Article 62 (1) of the Criminal Act for a suspended sentence (each of the following extenuating circumstances shall be repeatedly considered for the reason for sentencing);

1. Article 32(1)1 and (2) of the Act on Special Cases Concerning the Promotion, etc. of Lawsuits for Compensation Orders (the applicant for compensation is not the victim of the instant crime, and the application for compensation of this case is unlawful and dismissed).