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(영문) 서울남부지방법원 2013.05.01 2013고단493
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

Defendants shall be punished by imprisonment for one year and six months.

However, each of the above penalties shall be imposed for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. At around 19:20 on October 27, 2012, Defendant B, at the “Fju store” located in Yeongdeungpo-gu Seoul Metropolitan Government E, and at the time when the victim A (22 years old) who sits on the side table table, while drinking and drinking, and was in the process of drinking, Defendant B, by hand, carried the victim’s face and body, was satisfyed and pushed down with the victim’s face and body, and then, after the victim went together with the victim, satisfyd the victim’s face and body, satisfyd the victim’s head, face, hand, etc. with the shoulder glass, which is a dangerous object in the surrounding area. Defendant B, with the dangerous object, inflicted injury on the victim, such as the victim’s 4 water depth and vice column, which requires a right-hand treatment for about six weeks.

2. When the defendant A and the victim B (the years of age 30) reached the above date, time, place, the above mentioned circumstances, and the victim B (the years of age 30) and time, the victim's face and body were sponsed by hand, and the victim's face and body was sponsed by hand, and the victim's face and body was sponsed by hand, and the victim's head and hand were sponsed by a shoulder glass bottle, which is a dangerous article in the surrounding area, and the victim's head and hand was inflicted by the dangerous article.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police interrogation protocol against the Defendants

1. An investigation report (Submission of a victim B injury diagnosis report and a victim photograph);

1. Application of Acts and subordinate statutes to an investigation report (referring to a victim A's death diagnosis report and a victim photograph);

1. Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act concerning the crime concerned, and Article 257 (1) of the Criminal Act;

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

1. It is so decided as per Disposition by the assent of all participating Justices on the grounds that the Defendants did not have any criminal record, etc. in the sentencing grounds under Article 62(1) of the Criminal Act, including the fact that the Defendants were not guilty.

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