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(영문) 수원지방법원 성남지원 2015.05.14 2014고단3080
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

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

However, as to the Defendants, it is for two years from the date of the final judgment.

Reasons

Punishment of the crime

1. Defendant A is punished for a dispute with the victim B, who is an employee of the said main office, within the room of “Fjum” located in Hanam-si around 01:20 on October 1, 2014.

In his hand, the victim's buck, and the victim was faced with beer's disease on the bucket from the victim, and again, from the victim to another beer's disease on the buck, the head was dangerous from the victim to the head of the other beer's disease on the buck, and the victim was injured by the head of the 21-day medical treatment.

2. Defendant B: (a) at the same place as above at the same time at the same time, the victim’s buck with her hand from the victim A, and (b) her beer disease, which is a dangerous thing for the victim to have his/her head toward the defendant; and (c) her head was put in two open situations in need of treatment for one day by considering the victim’s head at one time.

Summary of Evidence

1. Defendant A’s legal statement

1. Each legal statement of witness A and G;

1. Each injury diagnosis letter;

1. In full view of each of the evidence in the holding, including the photographs of Defendant A’s upper part of the body taken at the time of the instant case, G’s testimony at the time, and the testimony of Defendant B, etc., the witness H’s testimony is difficult to believe as it is in view of the following factors: (a) the testimony of the witness H is difficult in view of the following attitude seen in the court; and (b) the relationship with Defendant B.

(B) The application of the laws and regulations to Defendant B’s head by beer disease, which can be sufficiently recognized.)

1. Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act concerning facts constituting an offense, and Article 257 (1) of the Criminal Act;

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

1. Article 62 (1) of the Criminal Act (including the fact that the degree of injury is not much severe, and the fact that the defendant A paid 13 million won to B and agreed with B, etc.);

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