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(영문) 전주지방법원 군산지원 2015.06.24 2014고단1129
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

Defendant

A Imprisonment for six months, and Defendant B shall be punished by a fine of 300,000 won.

Defendant

B The above fine shall not be paid.

Reasons

Punishment of the crime

1. On July 13, 2014, Defendant A et al., together with Defendant A et al., performed alcohol at the Fju store located in Gunsan-si E on July 13, 2014, on the ground that the victim G (n, 23 years of age) was fluoring alcohol on the side table, he sawd with Defendant B et al., who al., was the victim of steel water storage, which is a dangerous object on the table, and emulged with the head. In addition, Defendant 2 et al., al., carried the beer, who was the dangerous object, to the victim.

Accordingly, the Defendant, carrying dangerous objects, and assaulted the victim.

2. Defendant B, at the time and place described in paragraph 1, the victim G (n, 23 years of age) set up against the act referred to in paragraph 1 of this Article, and carried imprisoned things against the victim G (n, 23 years of age), and the Defendant asked “h,” “h, Doing away,” and assaulted the victim’s face at one time with left hand.

Summary of Evidence

1. Defendants’ respective legal statements

1. The police statement concerning G;

1. Application of CD’s video-related Acts and subordinate statutes;

1. Article relevant to the facts constituting an offense and the selection of punishment;

A. Defendant A: Articles 3(1) and 2(1)1 of the former Punishment of Violences, etc. Act (Amended by Act No. 12896, Dec. 30, 2014); Article 260(1) of the Criminal Act

B. Defendant B: Article 260(1) of the Criminal Act (Selection of Fine)

1. Discretionary mitigation (Defendant A) Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., the fact that a deposit is made for a victim, the fact that the person is an initial offender, etc.);

1. Article 70 (1) and Article 69 (2) of the Criminal Act in the custody of a workhouse (Defendant B);

1. Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act (Article 62 (1) shall be taken into account in discretionary mitigation);

1. Article 334 (1) of the Criminal Procedure Act (Defendant B);

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