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(영문) 춘천지방법원 강릉지원 2013.04.24 2012고단1043

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

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

However, for the defendant A from the date this judgment became final and conclusive, 3 years.

Reasons

Punishment of the crime

피고인들은 2012. 9. 22. 23:50경 삼척시 D주점'에서 피해자 E(43세)가 술을 마시고 있던 2호실 룸 출입문을 열었고, 그것을 이유로 피해자 일행과 말다툼을 하던 중, 피고인들은 주먹으로 피해자의 얼굴을 수회 때리고, 피해자를 밀쳐 바닥에 넘어뜨린 후 발로 피해자의 얼굴, 다리 등을 수회 걷어찼다.

Defendant A continued to gather beer disease, which is a dangerous object on the table, and continued to get the head of the victim.

As a result, the Defendants conspired to carry dangerous objects and carried them with approximately three weeks of medical treatment, which requires two-time medical treatment.

Summary of Evidence

1. Statement of each of the accused in court;

1. Each police statement of E and F;

1. Application of relevant photographs, and each written diagnosis to statutes;

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 work and mitigation under Articles 53 and 55 (1) 3 of the Criminal Act;

1. The reason for the crime of this case under Article 62(1) of the Criminal Act, which committed the crime of this case on the grounds of suspended sentence, is that the defendants inflict bodily injury on the victim by using beer disease, which is a dangerous thing, and the punishment for the crime is not minor.

However, the defendants reflects the mistakes and repents, the defendants do not want the punishment of the defendants, the defendants B did not have any criminal record more than a fine, the sentencing guidelines for the crime of this case is the area of habitual injury, repeated injury, special injury, mitigation among violent crime groups) from June to June of one year and two years and six months [the area of habitual injury, special injury, special mitigation] from among violent crime groups], and the matters stipulated in Article 51 of the Criminal Act, and the sentence like the order was determined and the decision was chosen to postpone the sentence.