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(영문) 춘천지방법원 강릉지원 2014.04.09 2013고단600
폭력행위등처벌에관한법률위반(공동상해)등
Text

Defendant

A shall be punished by imprisonment for six months and by imprisonment for three months, respectively.

, however, for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On August 11, 2013, the Defendants reported that the Defendants interfered with the passage of the vehicles under the influence of alcohol, and walked by the victim E (the age of 24) in front of the Kaussium located in Gangseo-si, Gangnam-si, Gyeong-si, and that Defendant B carried the victim with a light of the vehicle, and carried the string of the vehicle, and Defendant B knicked, pushed the victim with a shoulder and shoulder, pushed the knife, pushed the knife, pushed the knife, knife, knife, and knife the knife, Defendant B knifed the victim’s chest with his hand, and Defendant B knife the victim’s knife and knife kn

As a result, the Defendants jointly put up two skins in need of treatment for about 14 days to the victim.

2. The Defendant: (a) extracted a pipe (1m in length) which is a dangerous object with a view to stopping on the street at the time and place specified in paragraph (1); and (b) threatened the victim E (24 years of age) by stating that “the victim is dead,” at the victim E (24 years of age).

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement to E by the police;

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

1. Article 2(2) and (1)3 of the Punishment of Violences, etc. Act - Defendant A: Article 2(1)3 of the Criminal Act, Article 257(1) of the Criminal Act (the point of joint injury, the choice of imprisonment), Articles 3(1) and 2(1)1 of the Punishment of Violences, etc. Act, Article 283(1) of the Criminal Act (the point of threat of carrying a deadly weapon), Article 283(1) of the Criminal Act - Article 2(2) and (1)3 of the Punishment of Violences, etc. Act, Article 257(1) of the Criminal Act (the point of joint injury and the choice of imprisonment)

1. Aggravation of concurrent crimes (Defendant A) (the aggravated punishment for concurrent crimes prescribed in the former part of Article 37, Article 38 (1) 2, Article 50, and the proviso to Article 42 of the Criminal Act (the punishment heavier than the punishment shall be added up to the extent that the punishment is added up)

1. The fact that a part of the amount is deposited for the victim under Articles 53 and 55(1)3 of the Criminal Act (Defendant A) and his mistake is made.

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