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(영문) 서울중앙지방법원 2014.12.30 2014고단7920
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)
Text

Defendant

A Imprisonment with prison labor for six months and for one year and six months, respectively.

However, from the date this judgment becomes final and conclusive, each.

Reasons

Punishment of the crime

On August 17, 2014, at around 01:30 on August 17, 2014, the Defendants changed the victims on the ground that the table table table of the victim F(25 years of age) and G(24 years of age) was slick, while drinking alcohol at Eju stores located in Gangnam-gu Seoul Metropolitan Government D, and that they were slicked.

Defendant

A, while having been in a dispute with the victim G, had his face taken one time with the victim G, and had the victim G and his/her driver's Ha check from the victim H, and had the victim's disease, which is a dangerous object on the table, faced with the victim G and H.

Defendant

B attempted to go through the said fighting, the victim F was removed from the victim F, and the victim’s face was flicked one time by hand, and the victim was flicked with the driver’s disease, which is a dangerous object on the table, and then the victim was flicked with the body.

As a result, Defendant A assaulted the victim G and H with dangerous things, and Defendant B inflicted an injury on the victim F with dangerous things, such as an unfashion that requires approximately three weeks of treatment.

Summary of Evidence

1. Defendants’ legal statement

1. Protocol concerning the interrogation of the Defendants by the prosecution

1. A protocol concerning the examination of each police suspect against H, F, and G;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Defendant A of the pertinent Article of the Punishment of Violences, etc. Act: Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act, Article 260 (1) 2 of the Criminal Act: Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act, Article 257 (1) of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act for the commercial concurrence (Defendant A);

1. Mitigation of discretionary mitigation (consumptive agreement with victims) Articles 53 and 55 (1) 3 of the Criminal Act;

1. Article 62(1) of the Criminal Act provides that the suspension of execution (the first offender or a fine exceeding the limit shall be imposed; if a person has a child, his/her family member will be placed in custody in a considerable difficulty);

1. It is so decided as per Disposition on the grounds of Article 62-2 or more of the Criminal Act;

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