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(영문) 서울서부지방법원 2015.09.10 2015고단1637
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

Defendants shall be punished by imprisonment with prison labor 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

1. On June 20, 2015, the Defendant 1, at around 20:25, 2015, carried the horses in F “F” located in Mapo-gu Seoul Metropolitan Government to drink with the victim B (the age of 42) and to drink with each other, and had the victim’s face and head part of the body, which was a dangerous product on theme boom during the process of punishing the victim, the Defendant laid the victim’s face and head part of the body, and put the victim into the victim’s diveropic stroke, with approximately 30 days of the bones, and the two skins of the bones.

2. Defendant B, at the same date, at the same time, as described in paragraph (1), and at the same place as described above, had the face of the victim A (year 41) and franchising, one time, and one time, one time, and two times, the victim’s face, which is a dangerous object on the table, was laid down, and the victim was laid down on the left-hand side in need of treatment for about 42 days.

Summary of Evidence

1. Defendants’ respective legal statements

1. Protocol concerning the interrogation of the Defendants by the prosecution

1. A damaged photograph;

1. A suspect B's written diagnosis;

1. Application of Acts and subordinate statutes to investigation reports (Attachment of Suspect A bodily examination reports);

1. Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act concerning facts constituting an offense, and Article 257 (1) of the Criminal Act;

1. Mitigation of discretionary work and mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., circumstances deemed to be the grounds for sentencing below);

1. Article 62 (1) of the Criminal Act for a suspended sentence (the following extenuating circumstances shall be considered as the grounds for sentencing):

1. The reason for sentencing under Article 62-2(1) of the Criminal Code of the Social Service Order and Article 59 of the Act on Probation, etc. [Scope of Recommendation] In a case where the victim is fully responsible for the occurrence of a crime or the expansion of damage to the victim in the area of special mitigation (9 to February 6) (special mitigation) [Special Mitigation], there are various circumstances that form the conditions for the sentencing of this case, such as the defendants' criminal records, age, character and conduct, environment, etc. in the above sentencing guidelines.

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