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(영문) 광주지방법원 2013.12.06 2013고단5017

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

1. Defendant A shall be punished by imprisonment with prison labor for one year and six months;

2. Defendant B

A. Defendant shall be punished by a fine of KRW 1,500,000.

Reasons

Punishment of the crime

1. At around 03:00 on August 4, 2013, Defendant A: (a) 1 room in Gwangju Mine-gu “Enogate”; (b) without any reason, during drinking alcohol such as the victim F (35 years of age), Defendant A dropiced the victim’s fat, dump, and epiced the victim’s head and body part by drinking 5-6 times, and eropicing the victim’s body part by drinking fat; and (c) beer’s disease, which is a dangerous object that was broken away from the floor of the area, once the victim’s left face.

The Defendant continued to catch the victim’s head, leading the victim’s head to the vicinity of the singow, and faced the victim’s head in the cooling house and glass door.

As a result, the Defendant inflicted injury on the victim such as the complete cutting of the unclaimed left side of the treatment days.

2. The defendant B may not sell or offer any alcoholic beverage to his singing practice room business operator;

At around 01:00 on August 4, 2013, the Defendant violated the above rules by selling 330ml (330ml) and 20,000 won of leafs for customers A, at the singing rooms described in the above paragraph (1) of the Defendant’s operation.

Summary of Evidence

1. Defendants’ respective legal statements

1. Police suspect interrogation protocol regarding F;

1. A written diagnosis of injury;

1. Application of statutes on site photographs;

1. Article 3(1) of the Punishment of Violences, etc. Act - Defendant A: Articles 3(1) and 2(1)3 of the same Act, Article 257(1) of the Criminal Act - Defendant B: Articles 34(3)2 and 22(1)3 of the Music Industry Promotion Act (elective of fines);

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

1. Detention in a workhouse - Defendant B: Reasons for sentencing under Articles 70 and 69(2) of the Criminal Act;

1. Defendant A was sentenced to suspended execution and punishment for the same kind of crime in the past, and the prosecution of indictment has been imposed for the same crime even after the instant crime was committed, and the victim is very serious and serious in the degree of damage, such as damage to the left face and symptoms of paralysis, etc. due to the instant crime.