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(영문) 수원지방법원 2013.06.20 2012고단6454
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

Defendant

A shall be punished by imprisonment with prison labor for ten months, and imprisonment with prison labor for one and half years.

, however, from the date this judgment becomes final.

Reasons

Punishment of the crime

1. At around 22:00 on October 1, 2012, Defendant A, at the 'G' restaurant operated by the Victim F (53 years of age, women) in Suwon-si, Suwon-si, Suwon-si, the Defendant 200: (a) brought about one beer disease, which is a dangerous object on the table, during the dispute between the victim F and Sincing due to the drinking value; and (b) brought about one beer disease, which is a dangerous object on the table, to the victim F; and (c) brought about the left shoulder of the victim F.

Accordingly, the defendant carried dangerous objects and assaulted the Victim F.

2. Defendant B inflicted an injury on the left side of the victim, where the victim A (the age of 52, female) was a beer disease at the above time, at the above time, and at the above place, the victim was faced with a beer disease, and the victim was faced with a beer disease, and one beer, which is a dangerous object, was on the face of the victim, and the victim was faced with an injury, such as inside and outside the face, which requires treatment for about 14 days.

Summary of Evidence

1. Each legal statement of witness A, B, and F;

1. A written diagnosis of injury;

1. Application of statutes on field photographs;

1. A of the relevant criminal facts: Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act, Article 260 (1) 2 of the Criminal Act: Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act, Article 257 (1) of the Criminal Act;

1. Defendants subject to discretionary mitigation: Articles 53 and 55(1)3 of the Criminal Act;

1. Defendants on probation: The portion of dismissing the prosecution under Article 62(1) of the Criminal Act

1. The summary of the facts charged is that Defendant A suffered an injury due to the number of days of treatment for the victim B, such as the time, time, and place described in paragraph (1) of the crime, and the relevant beer’s disease faced F with one beer’s left shoulder, shouldering away from the floor, and breaking away from the floor of F, and the shoulder-samping angle was fit on the right side of the victim B (the age of 49).

2. The facts charged in this part of the judgment shall not be prosecuted against the clearly expressed will of the victim in accordance with Article 266(2) of the Criminal Act as an offense falling under Article 266(1) of the Criminal Act

However, according to the witness B's legal statement.

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