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(영문) 광주지방법원 2013.04.09 2013고단811
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
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Defendant

A Imprisonment with prison labor of one year and six months, and Defendant B shall be punished by a fine of 500,000 won.

Defendant

B The above fine.

Reasons

Punishment of the crime

1. On January 12, 2013, Defendant A, within the main point of “E” in Seo-gu, Seo-gu, Gwangju, about 22:45, on the ground that under the influence of alcohol victim B (the age of 39) tried to put a kis to female-gu and employees of the above main point, Defendant C dump batd the victim’s face and head by hand, and met the victim’s face and head by drinking, and Defendant A dumbddddd the victim’s body part by assaulting the victim’s head and dump, which is a dangerous object, led the victim to get off the victim’s head part by getting about three weeks of medical treatment.

2. Defendant B committed an assault at the above date, at the above time, and at the above place, against the victim A (the age of 35), the victim’s neck part was pushed down by hand, and dumped with flaps and tensions that require approximately two weeks of medical treatment by assaulting the victim, such as cutting down the victim’s flaps, and cutting down the flaps.

Summary of Evidence

1. Defendants’ respective legal statements

1. A photograph of the crime scene (CCTV screen);

1. Application of Acts and subordinate statutes to each injury diagnosis certificate and diagnosis certificate;

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 a fine concerning the crime of elective injury;

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

1. Defendant B of detention in a workhouse: Articles 70 and 69(2) of the Criminal Act;

1. Defendant A: Article 62 (1) of the Criminal Act;

1. Defendant A of a community service order: Article 62-2 (1) of the Criminal Act;

1. Defendant B of the provisional payment order: Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. Taking into account the following factors: (a) the victim took place in a glass cup, which is a dangerous thing against Defendant A; (b) the fact that a criminal record related to violence was several times; (c) the victim did not recover from damage; (d) the victim is also responsible for the occurrence of the crime; and

2. A criminal record relating to Defendant B’s violence may be established, but the criminal record may be established.

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