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(영문) 광주지방법원 2015.11.26 2014고단5020

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

Defendant

A Fine of 3,000,000 won, Defendant B’s imprisonment with labor for one year and six months, and Defendant C’s fine of 2,000,000 won.

Reasons

Punishment of the crime

At around 23:20 on November 18, 2014, the Defendants got drinking together at the “F” point located in Seo-gu, Seo-gu, Seo-gu, Seo-gu, Gwangju, and 7, and the victim G (29 years of age) who tried to drink after drinking in other seats and their driving will be calculated in each other. At the end of the vision, Defendant B was able to keep the face of the victim one time due to be clicker, which is a dangerous object on his table, and Defendant C was able to keep the victim’s face, and Defendant C was able to keep the victim’s face by drinking, and Defendant A was able to check the victim’s face with approximately 14 days of treatment.

Summary of Evidence

1. Defendants’ legal statement

1. The part concerning the defendant C's interrogation protocol in the prosecutor's office

1. A written diagnosis of injury;

1. Application of field photographing CD-related Acts and subordinate statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

A. Defendant A and C: Article 2(2) and 2(1)3 of the Punishment of Violences, etc. Act, Article 257(1) of the Criminal Act, the selection of each fine

B. Defendant B: Articles 3(1) and 2(1)3 of the Punishment of Violences, etc. Act and Article 257(1)3 of the Criminal Act

1. Articles 53 and 55 (1) 3 (Defendant B) of the Criminal Act for discretionary mitigation;

1. Articles 70(1) and 69(2) of the Criminal Act (Defendant A and C) of the Criminal Act for the inducement of a workhouse;

1. On the grounds of sentencing under Article 62(1)(B) of the Criminal Act, Defendant B’s reasoning of the suspended sentence is a beer disease, which is a dangerous object, and the nature of the crime is not good. The Defendant A’s appearance at a time when the victim’s face is met, Defendant C did not engage in any act directly affecting the victim’s face, Defendant C did not engage in any act that may directly affect the victim’s face; the victim paid time in advance to the Defendants; and the Defendants agreed with the victim.