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(영문) 서울서부지방법원 2015.10.28 2015고단1082
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

Defendant

A shall be punished by imprisonment with prison labor for six months and by imprisonment for four months.

However, the Defendants are subject to this.

Reasons

Punishment of the crime

On December 11, 2014, around 23:30 on December 23:30, 2014, the Defendants: (a) the victim F (the age of 45) who was a customer with another table at the main point of “E” located under Mapo-gu Seoul Mapo-gu Seoul Mapo-gu Seoul (E) was a victim and a trial expense; and (b) Defendant A took the face of the victim by drinking, and Defendant B took the face of the victim by drinking.

As a result, the Defendants jointly put the two sides and the inner part of the body, which require approximately three weeks of treatment, on the other hand.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each legal statement of witness G and H;

1. Each legal statement of witness F and I;

1. The defendant A's protocol of interrogation of the suspect about the prosecution, which contains some statements from the defendants, F, and I

1. Some statements made in the interrogation protocol of the prosecution concerning F;

1. Some statements made by the Defendants in each police interrogation protocol

1. The statements made by the Defendants and F in each part of the police interrogation protocol regarding I

1. An investigation report (a statement by the counter party B) and an investigation report (a statement by the counter party A of a witness);

1. The Defendants’ assertion as to the defense counsel’s assertion that the crime of this case constitutes self-defense because the crime of this case was committed in order to protect the Defendants from the victim’s attempt to commit the act of self-defense. However, in light of the background, process, degree and method of injury inflicted on the Defendants and the victims, etc., the Defendants’ act of recording the above criminal facts cannot be deemed as self-defense or legitimate act, and thus, the defense counsel’s assertion cannot be accepted.

Application of Statutes

1. Relevant Article 2 (2) and (1) 3 of the Punishment of Violences, etc. Act and Article 257 (1) of the Criminal Act concerning the defendants who choose to commit a crime;

1. Defendants on probation: Article 62(1) of the Criminal Act.

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