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(영문) 서울동부지방법원 2013.12.30 2013고단858
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

Defendant

A Imprisonment with prison labor of one year and six months, and Defendant B shall be punished by imprisonment with prison labor of ten months.

provided that this ruling has become final and conclusive.

Reasons

Punishment of the crime

1. Around 02:40 on February 21, 2013, Defendant B, at “F entertainment tavern” located in Gwangjin-gu Seoul Special Metropolitan City, intended to take a bath to G, who is an employee of the said main shop, and used a card terminal, which is a dangerous object on the seat of the said passenger, and used the victim’s head.

2. The Defendant A’s act of assaulted from the victim B (the age of 31) on the date, time, and place mentioned in paragraph (1) of this Article, and the two mains of the victim’s left head, which are dangerous objects, were inflicted an injury upon the victim’s two mains of the two mains where the number of days of treatment cannot be identified.

Summary of Evidence

1. Defendants’ partial statement

1. Protocol concerning the examination of suspect by some prosecutors against the Defendants

1. A protocol concerning partial investigation of the suspect against the defendant A;

1. A certificate of injury diagnosis or a copy of medical records;

1. Application of the Acts and subordinate statutes to photographs of the head of A, card terminal photographs, and Defendant B’s head and part photograph;

1. Article applicable to criminal facts;

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

B. The point of Defendant B’s assault: Articles 3(1) and 2(1)1 of the Punishment of Violences, etc. Act, Article 260(1) of the Criminal Act

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

1. Article 62 (1) of the Criminal Act, each of the suspended execution (the defendants);

1. Determination as to the Defendants’ assertion under Article 62-2(1) of the Criminal Act on probation and community service order (the Defendants)

1. Defendants’ assertion

A. Defendant A asserts that, although he acted with flaps of the victim B, Defendant A did not flaps the victim’s flaps, Defendant A did not flab the victim’s disease.

B. Defendant B destroyed and damaged a card device, but this is due to the fact that H et al. put up a card device in order to ppuri Defendant B, and that there was no assault against the victim by using a card device.

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