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(영문) 의정부지방법원 2015.04.08 2014고단4075
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

The defendant is a co-defendant C with the co-defendant C before separation, and the defendant is a co-defendant with the victim D who works together with the labor day.

C around 21:50 on October 3, 2014, the two-way “F” room located in Yangju-si E, and on the ground of slicking from the victim D, the Defendant was aware of the victim’s face at two times due to drinking, and the Defendant was able to take part in drinking.

Since then, the Defendant, at his own room within the above “F”, was assaulted by the victim again from the victim, was collected from an empty bed, an empty bed, which is a dangerous object at which the victim’s face was located, and C took three times as a drinking by drinking the victim’s face, and brought the victim out of the room. The Defendant continued to take four times as a shouldered bed of dangerous object, and C took four times as a part of the victim’s ear and neck, and the Defendant and C met together with his face and body body.

As a result, the defendant carried dangerous articles jointly with C and inflicted damage on the victim for about six weeks in need of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each police officer's statement about D and G;

1. A written diagnosis of injury;

1. Application of statutes to field photographs and copies of medical records;

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. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation [the scope of recommending punishment] Special Injury (the scope of recommending punishment] and the basic area (two to four years) of Type 1 (Special Bodily Injury) (the victim under special mitigation and mitigation] (the victim) where considerable responsibility exists for the occurrence of a crime or the expansion of damage, the scope of the comparative sentencing between the serious injury and the recommended sentencing range: two to four years [Pronouncement Decision]: Imprisonment with prison labor for two to four years (the Decision of Sentence]; the victim’s rear part of the victim’s injury may be adjusted to death.

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