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(영문) 서울서부지방법원 2013.06.27 2013고단1206
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

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

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendants and victims D (n, 56 years old), and victims E (51 years old) are neighboring residents, with mutual knowledge, and Defendant A and victims D are internal relations, and Defendant B and victims E are internal relations.

The Defendants heard that victims of internal relations with them drink alcohol together, and sought G Apartment No. 116 610, 2013 around 11:35 on April 8, 2013, the victims E' house in Seodaemun-gu Seoul, Seodaemun-gu, Seoul.

1. Defendant A reported that D, at the above date and time and place, had been in a relationship with the victim E with the victim, and had the head of the victim taken several times due to beer disease, which is a dangerous thing at that place, and had the victim take the head of the victim’s head, and put the victim into the body of the head of the medical treatment days.

2. Defendant B reported that E in an internal relationship with the victim himself/herself is able to grow together with the victim D at the above time, date, and place, and got the head of the victim several times due to the beer’s disease, which is a dangerous object at that place, and got the victim’s head from the date and time of treatment and got the victim’s head and eyebrow’s eye.

Summary of Evidence

1. Defendant A’s legal statement

1. Defendant B’s partial statement

1. Protocol concerning the suspect interrogation of each of the Defendants

1. Statement of each police statement of E and D;

1. Application of statutes on site photographs;

1. Article 3 (1) and Article 2 (1) 3 of the Punishment of Violences, etc. Act concerning the crime, Article 257 (1) of the Criminal Act;

1. Discretionary mitigation (the following grounds for sentencing) Articles 53 and 55 (1) 3 of the Criminal Act;

1. The reason for the sentencing of Article 62(1) of the Criminal Act [the reason for sentencing as follows] [the reason for sentencing] of Article 62(1) of the Criminal Act [the scope of recommendations] violence (special injury] [the scope of recommendations] 2 to 4 years (the basic area] of sentence] the defendants injured victims as a beer's disease is a serious crime.

However, the defendants are divided, and the victims who have their relationship with each other are also interested.

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