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(영문) 수원지방법원 여주지원 2016.01.12 2015고단995

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

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

However, from the date of the conclusion of the judgment, the Defendants are above two years from the date of the judgment.

Reasons

Punishment of the crime

1. On September 8, 2015, Defendant A, in front of the EKa Center located in Gyeonggi-si, Gyeonggi-do around 23:09, divided talks with the victim B (3) in front of the EKa Center located in Gyeonggi-si (47:3). Around September 8, 2015, Defendant 1 left the part of the victim’s left-hand snow part of the wall, which is a dangerous object accumulated above the above Round, with the Defendant’s refusal of the Defendant’s request.

Accordingly, the defendant carried dangerous objects and inflicted a wound on the left side of the treatment days to the victim at least 7 cm.

2. Defendant B, at the time, at the time, and place described in paragraph (1), 3 to 4 times the back part of the victim’s head, she saw the victim’s head as a gate, which is a dangerous object that had been scattered in her surroundings, as a gate from the victim A (49).

As a result, the defendant carried dangerous articles and inflicted bodily injury on the victim to the extent that it is necessary to treat the back of the head of the body on the condition that the remaining part of the treatment is more than five times.

Summary of Evidence

1. Defendants’ respective legal statements

1. On-site photographs;

1. A investigation report (verification of details of victim B and A treatment);

1. Application of Acts and subordinate statutes to a report on internal investigation (with respect to the submission of a witness's statement and a written statement of suspected suspect);

1. The Defendants: Article 3(1) and Article 2(1)3 of the Punishment of Violences, etc. Act; Article 257(1) of the Criminal Act;

1. Defendants to be mitigated in small amount: Articles 53 and 55(1)3 of the Criminal Act (the following favorable circumstances among the reasons for sentencing shall be considered);

1. The Defendants in a suspended sentence: (a) the reasons for sentencing under Article 62(1) of the Criminal Act (recognating favorable circumstances among the reasons for sentencing under the following conditions) are both the time they commit the instant crime; (b) the Defendants are the criminal acts under the influence of alcohol, which constitute contingent punishment; and (c) the Defendants do not wish to punish each other.