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(영문) 의정부지방법원 고양지원 2013.10.25 2013고단1155
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
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 this judgment became final and conclusive.

Reasons

Punishment of the crime

At around 02:20 on December 30, 2012, the Defendants argued that “E” Ma, which is located in Gyeonggi-gu, Gyeonggi-gu, Gyeonggi-do, Gyeonggi-do, or that F and the victim G (the age of 26) face on the street in front of the Defendants, the Defendants were faced with the victim’s face, and Defendant A was faced with the wall, which is a dangerous object in the vicinity of the victim’s face, by drinking the victim’s face, and walking the victim’s face. Defendant B got off a part of the victim’s body, such as the victim’s hair, and the victim’s hair.

As a result, the Defendants conspired to carry dangerous objects and carried them for about four weeks, and led the victim to an inspection on the left-hand side and the top-hand side.

Summary of Evidence

1. Defendants’ respective legal statements

1. Legal statement of witness G;

1. Partial statement of the witness H in the court;

1. Part concerning the defendants' statement among the prosecutor's protocol of interrogation of suspect

1. Protocol concerning the examination of some police officers of I, F, and H;

1. G statements;

1. A written diagnosis of injury;

1. Determination as to the Defendants’ assertion of each photograph, CCTV photograph, on-site CCTV CD

1. Defendant A

A. The Defendant asserted that there was no fact that he was the victim by gathering a brick, and that the injury suffered by the victim was caused by F’s harmful act and denied the charges.

B. In light of the purpose of the Punishment of Violences, etc. Act and the purport of Article 3(1) thereof, “a person who commits the crime by carrying a deadly weapon or other dangerous object” under Article 3(1) of the same Act refers to the case where a person carries a deadly weapon or other dangerous object under “the intent to use” at the scene of the crime, or carries a body (see Supreme Court Decision 90Do401, Apr. 24, 1990). It does not include the case where a person carries a deadly weapon or other dangerous object regardless of the crime at all, but it does not include any dangerous object, such as a deadly weapon, etc., to be used at the scene of the crime.

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