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(영문) 서울중앙지방법원 2014.07.25 2014고단3328
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

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

However, it is against the Defendants for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. At around 21:30 on January 13, 2014, Defendant A suffered bodily injury, such as two parts, which require a victim’s treatment for approximately two weeks, on the ground that the victim H (Nam, 40 years old) who was seated in the next table table, was her drinking together with the Defendant’s pro-Japanese G, and the victim H (Nam, and 40 years old) was her drinking to the said G by asking the Defendant D and age.

2. Defendant B, at the same time and place as in the preceding paragraph, when the Defendant was sculpted with the Defendant’s daily H as a beer, and when the Defendant was sculpted with the Defendant, the Defendant suffered injury, such as double sculposis, which requires approximately three weeks of treatment to the victim, on the ground that the victim G (ma, 49 years of age) was sculpted with the Defendant’s physical fighting, and the victim G (ma, 49 years of age) was prevented.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement of the police statement to I;

1. On-site reports;

1. Application of Acts and subordinate statutes to investigation reports (attached medical certificates, etc.);

1. Article 3 (1) and Article 2 (1) 3 of the Punishment of Violences, etc. Act concerning the crime, Article 257 (1) of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of punishment: Imprisonment with prison labor for one year and six months - 15 years;

2. The sentencing guidelines set forth in the following recommendations: two years: four years; one year and six months; and two years and six months (the basic area in the first category of habitual injury, repeated injury, special injury, and special injury to Defendant A with respect to Defendant A; and the reduction area in the first category of habitual injury, repeated injury, special injury and special injury with respect to Defendant B);

3. Determination of sentence: One year and six months of imprisonment, and two years of suspended sentence: The crime quality of the Defendants who inflicted injury on the victims by using beer's disease, which is a dangerous article, is not good, and in particular, Defendant B shall be the victim G without any special reason.

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