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(영문) 서울중앙지방법원 2015.06.12 2014고단6862 (1)
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

Defendant

A Imprisonment for one year, and each of the defendants B shall be punished by a fine of 2,00,000 won.

Defendant

B The above fine.

Reasons

Punishment of the crime

1. On April 6, 2014, the Defendant: (a) around 23:00 on April 6, 2014, the victim E (the age of 20) who was driving a motor vehicle on the road located in Yeongdeungpo-gu Seoul Metropolitan Government D was at the time when the victim E (the age of 20) was at the time of a sudden defect in the front of the vehicle; (b) was at the time of the head of the victim E one time and two times by the hand floor; and (c) was f was at the time of the head of the victim E by drinking.

이에 피해자 G(여, 23세)과 A(20세)이 피고인과 F을 말리자, 피고인은 주먹으로 피해자 G의 목 부위를 때리고, 발로 피해자 A의 가랑이를 찼다.

Accordingly, the defendant committed violence against the victims jointly with F.

2. As Defendant A was assaulted by F and Victim B (year 43) from the date and time, at the place, as described in paragraph (1) above, the victim’s face is biffed twice by drinking, and the victim taken away a dangerous object, which was located in the bit of the bit of the bit of the car at the bit of the bit of the car at the Neas Scoo-si coo-si, leaving the place along with his driving, and followed away the victim, and then, the above hack pipe was displayed several times to the victim.

As a result, the Defendant assaulted the victim with a hack pipe, which is a dangerous object, and inflicted an injury on the victim, such as cerebral dynasium in detail that requires treatment for about two weeks.

Summary of Evidence

1. Defendant A’s legal statement

1. Each legal statement of witness F, E, and H (limited to the defendant A);

1. Examination protocol of the police suspect G (limited to the defendant B);

1. Statement to E by the police;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Article 3(1) and Article 2(1)1 of the Punishment of Violences, etc. Act, Article 260(1) of the Criminal Act, Article 257(1) of the Criminal Act (the point of injury by carrying a deadly weapon, the choice of imprisonment): Defendant B: Article 2(2) and Article 260(1)1 of the Punishment of Violences, etc. Act, Article 260(1) of the Criminal Act, Article 260(1) of the Criminal Act, and Article 260(1) of the Criminal Act, each of which is the choice of a fine. The instant crime is committed without any domestic criminal record.

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