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(영문) 서울동부지방법원 2015.04.08 2014고단3663
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

Defendants shall be punished by imprisonment for one year and six months.

However, it is against the Defendants for two years from the date of the final judgment.

Reasons

Punishment of the crime

At around 01:10 on June 6, 2014, the Defendants were to undergo trial costs on the grounds that the victim G (year 46) and the victim H (age 45) who had been a customer in Seongdong-gu Seoul Metropolitan Government, among drinking alcohol together at the main point of “F” located in Seongdong-gu. Defendant A was to undergo trial costs on the grounds that the victim G (age 46) and the victim H (age 45) have suppered, and Defendant A was to undergo 500cc beer residues 50cc beer, which is a dangerous object in the table. Defendant B was to take 5-6 times the head of the victim G, and Defendant B continued to take one head of the victim H’s face, Defendant A was to take twice the victim’s face at drinking, Defendant A was to take two times the victim’s face, and Defendant A was to undergo the victim’s necessary treatment during the week when giving treatment to the victim, and each of the victim was to undergo the victim’s 2 week treatment, etc.

As a result, the Defendants carried dangerous objects and inflicted an injury on the victim G, jointly inflict an injury on the victim H, and assaulted the victim I.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police protocol of statement of I, G, and H;

1. Each injury diagnosis letter;

1. Application of Acts and subordinate statutes of heading photographs;

1. Relevant Article of the Punishment of Violences, etc. Act and the Defendants who have selected a punishment: Articles 3 (1) and 2 (1) 3 of the same Act, Article 257 (1) of the Criminal Act, Article 2 (2) and 2 (1) 3 of the Punishment of Violences, etc. Act, Article 2 (1) of the Criminal Act, Article 257 (1) of the Criminal Act, Article 2 (2) and 2 (1) 1 of the Punishment of Violences, etc. Act, Article 260 (1) of the Criminal Act (joint assault and choice of imprisonment);

1. Defendants who aggravated concurrent crimes: former part of Article 37, Articles 38(1)2 and 50 of the Criminal Act

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

1. Defendants in a suspended sentence: The grounds for sentencing under Article 62(1) of the Criminal Act (the grounds for sentencing) (the scope of recommendations) are crimes 1 (the scope of punishment), habitual injury, injury by repeated offender and special injury.

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