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(영문) 수원지방법원 2015.01.29 2014고단6098
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

[Defendant A] The defendant shall be punished by imprisonment for six months.

However, the above sentence shall be executed for two years from the date of the final judgment.

Reasons

Punishment of the crime

[B] At around 03:00 on October 7, 2014, the Defendants walked in front of the E-cafeteria in Suwon-si, Suwon-si, the Defendant F, a daily driver of the Defendant A, fell off with the victim G (ma, 32 years of age).

[Contents of the crime] Defendant A her face and face of the victim G were taken as drinking several times, and the victim H (manam and 37 years of age) was taken as drinking several times. Defendant B her face was faced with beer disease, which is a dangerous thing that has been abandoned in the course of beer away from the course of beer, and was faced with beer disease in G face, and the beer disease in the beer in the beer. The Defendants conspired with the victim G for about four weeks to provide approximately 4 weeks medical treatment, and suffered bodily injury, such as injury to two strokes that require the victim H to provide approximately 2 weeks medical treatment.

Summary of Evidence

1. Legal statement of a witness I;

1. A protocol of suspect examination of G police officers;

1. The police statement of H;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes, such as field photographs, photographs of damaged parts (Defendant A);

1. Relevant Articles of the Criminal Act and Articles 257 (1) and 30 of the Criminal Act concerning the facts constituting an offense;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Article 62-2 of the Criminal Act on Probation [Defendant B]

1. Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act concerning facts constituting an offense, Articles 257 (1) and 30 of the Criminal Act;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing in Article 62-2 of the Probation Criminal Act [the defendant A] [the scope of recommending] general injury [the scope of recommending] where the victim has considerable responsibility for the occurrence of crimes or the expansion of damage to the victim (special mitigation [the victim] in the mitigated area (two to one year).

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