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(영문) 광주지방법원 2013.05.07 2013고단216

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

Defendant

A Imprisonment with prison labor of one year and six months, and Defendant B shall be punished by imprisonment with prison labor of six months.

provided that this ruling has become final and conclusive.

Reasons

Punishment of the crime

1. Defendant A: (a) around 00:40 on October 19, 2012, on the ground that a dispute occurred with the victim before the preceding day is bad, Defendant A was found as the house of the victim B (the age of 53) of the 402 victims of the Dasung-gun E-Gun building 402 (the age of 53) on October 19, 2012; (b) was cosmetic disease, which is a dangerous object prepared in advance for the reason that the victim would desire, and the head of the victim was recovered once, and the victim was injured by two weeks of two parts, including two parts, which

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

2. Defendant B, at the above date and time, she set up against the above victim A (the age of 60)’s above acts, and pushed the victim by hand, and then she was inflicted an injury on the victim, she was able to take care of the victim’s face by drinking for about 8 weeks, such as an internal and alley that requires treatment.

Summary of Evidence

1. Defendant A’s legal statement

1. Defendant B’s partial statement

1. A’s legal statement;

1. Partial statement of the witness F in the court;

1. Each damaged photograph (the Nos. 8 and 9 of the evidence list), and the deadly weapons used at the time (the No. 10 of the evidence list);

1. Application of each written diagnosis and examination (Nos. 6 and 7 of evidence lists) and A medical examination and treatment (Evidence No. 13);

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

1. Selection of imprisonment with prison labor for the crime of elective injury;

1. Defendant A whose discretionary mitigation is to be made: Articles 53 and 55(1)3 of the Criminal Act (Considering the following reasons for sentencing);

1. Defendant B and his defense counsel’s assertion of the Defendant B and his defense counsel under Article 62(1) of the Criminal Act are alleged to be not a crime because the Defendant’s crime of this case is a legitimate act or self-defense. However, according to the witness’s legal statement, the video and diagnosis of the damaged photograph against A, the Defendant’s face can be taken as drinking.