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(영문) 서울중앙지방법원 2014.12.19 2014고단5470

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

Defendant

A shall be punished by imprisonment with prison labor for four months, and imprisonment with prison labor for one year and six months.

However, as to Defendant A, this shall not apply.

Reasons

Punishment of the crime

Defendants are those with no certain occupation who do not have any other occupation.

1. Defendant A, around 00:30 on February 26, 2014, while drinking alcohol together with “E” located in Dongjak-gu Seoul Metropolitan Government D, the Defendant, while drinking alcohol together with “E”, has a dispute with “F in which the Defendant was ordinarily aware of it.”

When the victim G(50 years of age) was prevented, the victim G was injured by the face of the victim G as a hand-to-saw, and the number of therapy days was unknown.

2. The Defendant, at the same date, time, and place as indicated in paragraph (1) above, left beer residues, which is an object in danger of reporting A and G to carry out vagabonds for the said reasons, and left beer 500cc c beer residues, which is a dangerous object, and 50c beer off the face of the Victim G with the victim’s face, and subsequently, the victim H (50 years of age) taken back the head of the Victim H with the 50c beer residues, which is an object dangerous to the horse, and 50c beer back the victim H’s head, and put about approximately 4 weeks back the frame of the soft consent, which requires approximately 2 weeks medical treatment to the victim H.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each legal statement of witness G and H;

1. Photographs of each upper part of the body;

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

1. Article 257 (1) of the Criminal Act, Article 257 (1) of the Criminal Act, Article 3 (1) and Article 2 (1) 3 of the Punishment of Violences, etc. Act, Article 257 (1) of the Criminal Act (the point of injury to carry dangerous articles) of the same Act, and Article 257 (1) of the Criminal Act;

1. The former part of Article 37, Article 38 (1) 2 and Article 50 of the Criminal Act among concurrent crimes (Defendant B);

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

1. Reasons for sentencing under Article 62 (1) of the Criminal Act, which is suspended (Defendant A);

1. Defendant A (a range of recommendations) does not have the basic area (4 to 16 months) (a special person) of Category A (a general injury), the basic area (4 to 16 months) (a decision of sentence) (a decision of sentence) (a decision of sentence), the form of a crime for a period of two years of suspended execution is minor, and a contingent crime.