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(영문) 서울남부지방법원 2015.07.08 2015고단1865
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 six months.

provided that this ruling has become final and conclusive.

Reasons

Punishment of the crime

1. Defendant A, around April 14, 2015, around 15:20, performed drinking together with Defendant A’s victim G (40 years of age) who knows B, F, and F, within the “EM” located in Yeongdeungpo-gu Seoul Metropolitan Government, Yeongdeungpo-gu.

The Defendant collected beer's disease, which is a dangerous object on the tables, on the ground that the victim was sexually piced by B, and caused the victim's hair one time and the face one time, and caused the victim to have approximately three weeks of treatment.

2. Defendant B, at around 15:40 on April 14, 2015, at “Eju” as indicated in paragraph (1) of this Article, the victim I (the age of 54) who was a police box of the Seoul Young Military Police Station, sent out after receiving 112 a report, continuously takes a bath to G following the commission of the crime under paragraph (1) and attempted to restrain the victim from doing so, Defendant B expressed his desire to “I see this police son, N. I. I. I. I. I. I., the police son? I. I will see. I. I. I., the victim’s body. I. I.S. am bling the victim’s body by hand, booming the head of fat, bating the head of fat, and bating the victim with khing the body of the victim, and interfered with legitimate execution of duties regarding the suppression of the police officer’s crime and the investigation.

Summary of Evidence

1. Defendants’ respective legal statements (in particular, Defendant B No. 2)

1. Part of the protocol concerning the interrogation of suspect against the Defendants

1. Statement of each police station;

1. Each statement;

1. Each photograph;

1. Application of Acts and subordinate statutes of each injury diagnosis letter;

1. Defendant A of the pertinent legal provision on criminal facts: Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act, Article 257 (1) of the Criminal Act (the point of inflicting bodily injury on a person who carries a deadly weapon): Article 136 (1) of the Criminal Act (the point of obstructing performance of official duties) and Article 257 (1) (the point of injury) of the Criminal Act;

1. Commercial concurrence: Articles 40 and 50 of the Criminal Act of Defendant B;

1. Discretionary mitigation: Articles 53 and 55 (1) 3 of the Criminal Act of Defendant A;

1. Defendant A [the scope of recommending sentence] for the reason of sentencing under Article 62(1) of the Criminal Act.

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