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(영문) 춘천지방법원 강릉지원 2015.10.07 2015고단799
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

Defendant

A Imprisonment with prison labor for two years and for eight months, respectively.

, however, the defendant from the date of this judgment.

Reasons

Punishment of the crime

1. On July 3, 2015, at around 05:50, Defendant A, while drinking alcohol together with the victim B (year 28) on the street in front of the “E convenience store” located in Gangseo-si, Defendant A, who was in the process of drinking alcohol with the victim B, was at the time of both head of the victim, who was a dangerous object on the tables with the victim, and was at the time of taking the face of the victim due to going on the upper part of the victim who continued to be used, and was at the time of taking the face of the victim, the Defendant inflicted injury on the victim, such as an influenite and an unknown brain dys that require approximately three weeks of treatment.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

2. Defendant B, at the time and place described in paragraph (1), had the victim A (the age of 21) go beyond the floor by using flabing fages of the victim, against the victim as described in paragraph (1), and had the victim go beyond the floor, and suffered injury to the victim, such as damage of external flag, which requires treatment for about 29 days, by drinking the victim’s face.

Summary of Evidence

1. Defendants’ respective legal statements

1. The police statement concerning F;

1. Application of Acts and subordinate statutes in Part II of the Investigation Report (Attachment to On-the-site photographs, such as field photographs), investigation reports (Attachment to on-the-site photographs, etc. - Hospital photography photographs), three copies of diagnosis (B), diagnosis documents (A), and 112 Report Handling Records;

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

(a) Defendant A: Articles 3(1) and 2(1)3 of the Punishment of Violences, etc. Act and Article 257(1)3 of the Criminal Act

B. Defendant B: Article 257(1) of the Criminal Act; the choice of imprisonment

1. Mitigation (Defendant A) Articles 53 and 55 (1) 3 of the Criminal Act (Article 55 (1) of the Criminal Act (Article 53 and considering the fact that there is no other criminal record, in addition to the fine imposed on one occasion due to the previous violation);

1. It is so decided as per Disposition for the reasons above Article 62(1) of the Criminal Act (with respect to Defendant A, the grounds for discretionary mitigation have been repeated, and the defendant B is against the defendant, and there is no other criminal record in addition to two times of fines, etc.).

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