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(영문) 대구지방법원 2015.06.23 2015고단2078

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

1. The defendant A shall be punished by imprisonment with prison labor for one year and six months, and the defendant B shall be punished by imprisonment with prison labor for six months;

2.Provided, That this ruling shall have become final and conclusive.

Reasons

Punishment of the crime

1. At around 02:30 on May 3, 2015, Defendant A, while drinking alcohol together with the victim B (year 45) who was on board a ship in Youngcheon-si E-type restaurant, Defendant A brought the victim’s face by drinking the victim on the ground that the victim was wooden, and she brought a cement brick, which is a dangerous object outside the restaurant and was in danger of having been on the road, one time the victim’s head.

In this respect, the defendant carried dangerous objects and put two parts of the treatment period to the victim.

2. At the time and place as described in paragraph 1, Defendant B sent the victim’s face to drink on the ground that the victim A(39 years of age) would speak half at the time and place as described in paragraph 1.

As a result, the Defendant inflicted an injury on the victim, such as infinite finites during the treatment period.

Summary of Evidence

1. Defendants’ respective legal statements

1. Four copies of the photograph;

1. The application of the Act and subordinate statutes to the investigation report (in the case of injury of each suspect);

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

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

(b) Defendant B: Article 257(1) of the Criminal Act

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

1. Defendants on probation: Article 62(1) of the Criminal Act;

1. Defendant A of probation and community service order: Reasons for sentencing under Article 62-2 of the Criminal Act;

1. Scope of recommended sentences according to the sentencing criteria;

(a) Defendant A (a person subject to special mitigation) is not subject to the mitigated area (one year and six months from June to two years) (a person subject to special mitigation) of Category A (a person subject to special mitigation), No. 1 (a person subject to special mitigation);

B. Defendant B [Scope of Recommendation] General Extent of Bodi (Bodily Injury) and the mitigated area (two months to one year) (special mitigation) of the mitigated area (special mitigation)

2. The circumstances in consideration;

(a) Defendant A - A - A - A - A - A - A - A - A - A - A - A - a - a son

(b) Defendant B - B - Maternity, and not punishable;