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(영문) 광주지방법원 순천지원 2014.10.08 2014고단1157
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

Defendant

A Imprisonment of one year and six months, and Defendant B shall be punished by a fine of 2,000,000 won.

Defendant

B The above fine.

Reasons

Punishment of the crime

1. At around 03:30 on June 3, 2014, the Defendant listened to the Defendant’s home located in G, 104 Dong 105 (H) that, while drinking alcohol together with the Victim I (25 years of age), it was difficult to recover the principal amount equivalent to KRW 200 million invested by the Defendant from the victim, and the Defendant sustained the Victim’s greenhouse body with an Aluminium air-conditioning hole (80cm in length), which is a dangerous object in the living room (80cm in length), and caused the Victim’s injury, such as a 1 to 3 breadth of the left-hand gate, which requires approximately 6 weeks medical treatment.

2. Defendant A, at around 05:00 on June 3, 2014, at the Defendant’s house located in Suncheon City G and 104 dong 105 Ha (H) of the Defendants’ joint criminal conduct, had the Defendant B come to the Defendant’s house to monitor that the victim remains in the said apartment house after the victim went to stay in the said apartment house. Defendant B, according to Defendant A’s instructions, had the victim go to the said apartment house while leaving the toilet, had the victim go to the outside of the apartment house, had the victim go to drive away from the said apartment, and prevented the victim from going to the said apartment house until 15:00 on the same day by monitoring the victim.

Accordingly, the Defendants jointly detained the victim.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement of the police officer to I;

1. The police seizure record and the list of seizure;

1. Application of Acts and subordinate statutes of a medical certificate;

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)2 of the Punishment of Violences, etc. Act, Article 276(1) of the Criminal Act, Article 276(2) and (1)2 of the Criminal Act, Article 276(1) of the Punishment of Violences, etc. (the point of joint confinement, the choice of imprisonment): Defendant B: Article 2(2) and (1)2 of the Punishment of Violences, etc. Act, Article 276(1) of the Criminal Act, and the choice of fines;

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

1. Defendant A with discretionary mitigation: Articles 53 and 55(1) of the Criminal Act.

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