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(영문) 수원지방법원 2013.05.22 2013고단1045
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

Defendant

A shall be punished by imprisonment with prison labor for a year and six months, and by imprisonment with prison labor for a period of four months.

except that from the date of this judgment.

Reasons

Punishment of the crime

1. On February 11, 2012, the Defendant violated the Punishment of Violences, etc. (Bodily Injury by Group, etc.) by Defendant A, on the ground that the victim E (the victim 32 years of age) who is the employee of the above main store at the D main store in Yong-si, Young-gu, Gi-si (hereinafter referred to as 32 years of age) changed the drinking value and brought his/her mobile phone, he/she brought about the cell phone, thereby cutting off one beer disease on the floor, which is a dangerous object on the table, and broken down two beer disease on the side, which was in the next side, and continuously cut one beer disease on the upper side, and cut off by spreading it on the table, and then the shoulder string is sold in line with the left hand hand and the part of the victim who was seated in the table.

Accordingly, the Defendant used dangerous objects to inflict bodily injury on the left side of the victim, which requires approximately two weeks of treatment.

2. Defendants’ interference with the duties were made on the date, time, place, etc. set forth in paragraph (1) for the said reasons. Defendant A was able to take a large amount of care of customers who continued to be on the floor, wall, etc. of beer who laid a beer’s disease on the tables, and expressed a disturbance, such as following the tables.

Accordingly, the Defendants conspired and interfered with the principal operation of the victim by force for about 40 minutes.

Summary of Evidence

1. Defendants’ respective legal statements

1. Prosecutorial suspect interrogation protocol against the Defendants

1. Statement to E by the police;

1. A statement prepared by the F;

1. Application of Acts and subordinate statutes to investigation reports, damaged photographs, diagnosis certificates, hospitalization certificates, and medical record duplicate certificates;

1. Article relevant to the facts constituting an offense and the selection of punishment;

A. Defendants: Articles 314(1) and 30 of the Criminal Act (a)

(b) Defendant A: Articles 3(1) and 2(1)3 of the Punishment of Violences, etc. Act, and Article 257(1) of the Criminal Act (a) of the Criminal Act;

1. Defendant A among concurrent crimes: The punishment under the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act is more severe;

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