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(영문) 서울북부지방법원 2015.01.16 2014고단1673
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등
Text

Defendants shall be punished by imprisonment for six months.

However, for two years from the date this judgment became final and conclusive, the above sentence against Defendant B.

Reasons

Punishment of the crime

Defendant A is a person who was sentenced to a suspended sentence of two years on May 9, 2013, due to a violation of the Punishment, etc. of Violence Act (a collective, deadly weapons, etc.), in the sexual support of the Daegu District Court on May 9, 2013, and the judgment was confirmed on June 17 of the same month and is currently under the suspended sentence.

Criminal facts

1. Defendant A’s crime;

A. A. On January 24, 2014, the Defendant violated the Punishment of Violences, etc. Act (collective violence, deadly weapons, etc.) committed assault against the victim by taking the beer’s disease, which is a dangerous thing, toward the victim, on the ground that the victim B (the age of 40) was cut off as bad and was cut off in the Fjus located in Gangnam-gu Seoul Metropolitan Government, Gangnam-gu E, and that the victim B (the age of 40) was cut off.

B. The Defendant, at the above temporary location, abused the victim G (the age of 46)’s fighting with the said B, and flabed his fat, and assaulted the victim by using flab’s fat, and by drinking the victim’s face at one time.

2. Defendant B violated the Punishment of Violence, etc. Act (a collective, deadly weapon, etc.) at the above temporary location, and the victim A (the age of 47) committed a beer disease while taking a bath as above, and assaulted the victim by taking the beer disease, which is a dangerous object on the table, twice the head part of the victim’s head, and by booming the victim’s head by hand.

Summary of Evidence

1. Defendants’ respective legal statements

1. A protocol concerning the examination of each police suspect against H and G;

1. Investigation report (on-site CCTV photographs);

1. Previous convictions indicated in judgment: Application of criminal records, reply reports, and other Acts and subordinate statutes;

1. Article applicable to criminal facts;

(a) The point of possession of a deadly weapon: Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act, Article 260 (1) of the Criminal Act;

B. The point of assault by Defendant A: Article 260(1) of the Criminal Act.

1. From among concurrent crimes (Defendant A), the former part of Article 37, and Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 53 of the Criminal Code for discretionary mitigation.

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