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(영문) 전주지방법원 2015.12.10 2015고단1725
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

Defendant

A Imprisonment with prison labor for two years, and for ten months, for each of the defendants B.

However, from the date this judgment became final and conclusive, Defendant.

Reasons

Punishment of the crime

On August 30, 2015, at around 06:20, the Defendants suffered injury to the victim, such as the open side of the body requiring four weeks' treatment, by drinking the victim, on the ground that the victim F was made without the consent of the Defendant A, in the corridor of the building where the business name E was a restaurant in Yansan-gu, Seoul-si, the front city, and on the ground that the victim F was made without the consent of the Defendant A. B, the head of the Defendant B was made several times of the victim’s face and the ske. Accordingly, the Defendant A, who was going outside of the building, she fran the victim’s face and the part of the victim’s face and the part of the victim’s body.

Accordingly, the Defendants jointly carried a dangerous article and inflicted an injury on the victim.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each prosecutor's interrogation protocol against the Defendants

1. The prosecutor's statement concerning the F;

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

1. Each police statement made to H, F, and I;

1. G statements;

1. Each investigation report (in relation to telephone conversations, such as field exit situations, suspect, injury, and photographs, records of emergency offices, etc. attached to records of the emergency center of the former hospital, and original affairs and counter-investigations related to records of the former hospital, H, and J telephone communications);

1. Application of statutes on site photographs;

1. Defendant A of the relevant criminal facts: Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act, Article 257 (1) of the Criminal Act (the occupation of injuring a dangerous article), Article 2 (2) and 2 (1) 3 of the Punishment of Violences, etc. Act, Article 257 (1) of the Criminal Act (the occupation of a joint injury): Defendant B: Article 2 (2) and 2 (1) 3 of the Punishment of Violences, etc. Act, Article 257 (1) of the Criminal Act;

1. Defendant A of ordinary concurrent crimes: Violation of Articles 40 and 50 of the Criminal Act (the punishment imposed on a crime of injury by a group, deadly weapon, etc. which is heavier than the punishment provided for in the Punishment of Violences, etc. Act;

1. Defendant B who has chosen the penalty: Imprisonment;

1. Defendant A for discretionary mitigation:

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