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(영문) 대구지방법원 포항지원 2015.10.08 2015고단383

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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Defendant A, at around 17:00 on October 1, 2014, at the “Fmanst Seniors Organization” located in the north-gu, North Korea-gu, Sinpo-si, Defendant A, along with the victim B (the 70-year old-old older person) (hereinafter “Fmanst Seniors Organization”), told Defendant B that “the game rules in the course of playing games with the victim are cut off,” and the victim’s left eye is 1 time, and the victim’s left eye is flick, which is a dangerous object located on the floor with the left hand, and flick, carried the victim’s right head and flick around the snow for about 14 days.

2. The Defendant, at the time, at the time, and at the place specified in paragraph (1) as mentioned above, inflicted injury on the victim, such as cutting down the victim’s face, flapsing the victim’s bat, flapsing the bat, and cutting the victim’s face over the floor, and cutting the victim’s face on the part of the victim several occasions, by taking approximately 28 days off the victim’s face.

Summary of Evidence

1. The defendant A's partial statement

1. A’s legal statement;

1. Some police interrogation protocol against the Defendants

1. Application of Acts and subordinate statutes of each injury diagnosis letter;

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

1. Defendant A subject to discretionary mitigation: Articles 53 and 55 (1) 3 of the Criminal Act (including circumstances favorable to the above Defendant, which are written in the following grounds for sentencing);

1. Reasons for sentencing under Article 62 (1) of the Criminal Act of the suspended sentence;

1. In the event that the sentencing guidelines for Defendant A [the scope of a recommendation] is subject to special mitigation (the period of nine months of imprisonment or two years and six months of imprisonment), minor bodily injury, non-conformity with punishment (including serious efforts to recover damage), or considerable partial damage is recovered, Defendant B [the scope of a recommendation] general injury.