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(영문) 전주지방법원 2015.07.09 2014고단1898
폭력행위등처벌에관한법률위반(공동폭행)등
Text

Defendant

A Imprisonment with prison labor for a year and six months, and for a defendant B, for six months, respectively.

(2) on the date of this decision;

Reasons

Criminal facts

1. At around 09:30 on January 25, 2014, the Defendants resisted the “E” restaurant located in Chungcheongnam-gu Seoul Special Metropolitan City, Seoul Special Self-Governing Province on the ground that the conduct of the victim F (29 years of age) satisfys down, and Defendant A satisfys the victim’s satch, and Defendant B satisfys the victim’s face by drinking. Defendant B satisfyed the victim’s face by drinking, and satisfyed the victim’s G (19 years of age).

Defendants jointly assaulted victims.

2. Defendant A

A. The Defendant violated the Punishment of Violences, etc. Act (influence by collective action, deadly weapons, etc.) committed an assault against F at the time and place specified in paragraph (1), and at the time and place specified in paragraph (1), the victim H (n, 37 years of age) prevented the assault against F. As a shoulder glass bottle, which is a dangerous object at the same time, inflicted an injury on the victim, such as an open top of the wall that requires two weeks of treatment on the part of the victim.

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

B. At around 3:00 on March 21, 2014, the Defendant suffered injury, such as an injury on the left side of the victim, which the victim K (28 years of age) had to provide approximately five weeks of treatment to the victim, on the front side of the “JJ store” located in Seojin-gu Seoul Special Metropolitan City on the ground that the victim K (28 years of age) was able to suffer a bad loss.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement to G, L, or K;

1. A report on investigation (i.e., photographs of parts of the damage), and visual images;

1. Application of Acts and subordinate statutes of an injury diagnosis certificate and diagnostic certificate;

1. Article applicable to criminal facts;

(a) Defendant A: Article 2(2) and (1)1 of the Punishment of Violences, etc. Act, Article 260(1) of the Criminal Act (the point of joint assault and the choice of imprisonment), Articles 3(1) and 2(1)3 of the Punishment of Violences, etc. Act, Article 257(1) of the Criminal Act (the point of personal injury of a deadly weapon) and Article 260(1) of the Criminal Act

B. Defendant B: each of them.

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