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(영문) 수원지방법원 성남지원 2013.07.05 2013고단1082
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

Defendant

A Imprisonment with prison labor of one year and six months, and Defendant B shall be punished by a fine of two thousand won.

Defendant

B The above fine.

Reasons

Punishment of the crime

1. On September 23, 2012, the Defendants violated the Punishment of Violence, etc. Act (joint injury) and the Punishment of Violences, etc. Act (joint injury) committed a violation of the said Act by the victim G (the age of 47) to refrain from disturbance in the Fda room operated by E in Gwangju-si, about September 19:25, 2012. Furthermore, the Defendant A put the back part of the back water of G on the back water, which is a dangerous object, a knife, and knife off the number of treatment days, and Defendant B went into contact the victim H (the age of 48) who went into the Republic of Korea, and flife the face of the treatment days by drinking.

As a result, Defendant A, carrying dangerous articles, inflicted an injury on Victim G, and the Defendants jointly inflicted an injury on Victim H.

2. The Defendants destroyed and damaged property at the time and place described in paragraph (1) broken the market price, which is the victim E, owned by the said FC at the same time and place.

As a result, the Defendants conspired to damage the victim's property.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police interrogation protocol of G and H:

1. Statement to E by the police;

1. Application of statutes on site photographs;

1. Article 3(1) and Article 2(1)3 of the Punishment of Violences, etc. Act, Article 257(1) of the Criminal Act, Article 2(2) and Article 2(1)3 of the Punishment of Violences, etc. Act, Article 2(2) and Article 257(1) of the Criminal Act, Article 257(1) of the Criminal Act, Articles 366 and 30 of the Criminal Act, Article 366 of the Criminal Act: Defendant B who has selected imprisonment: Article 2(2) and (1)3 of the Punishment of Violences, etc. Act, Article 257(1) of the Criminal Act, Article 366 and Article 30 of the Criminal Act

1. Defendants from among concurrent crimes: former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (Defendant B shall be within the maximum of the maximum of the punishment);

1. Defendant A with discretionary mitigation: Criminal Act;

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