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(영문) 의정부지방법원 2015.12.22 2015고단3428
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

Defendant

A and B shall be punished by imprisonment with prison labor for one year and six months, and by imprisonment with prison labor for four months.

except that from the date of this judgment.

Reasons

Punishment of the crime

1. Joint criminal conduct by Defendant A and Defendant B

A. Defendant A and Defendant B, who violated the Punishment of Violence, etc. Act (a collective injury with a deadly weapon, etc.) committed an act in violation of Article 38(1) of the Punishment of Violences, etc. (absent injury) with F, and on September 6, 2015, took a claim from the victim C, etc. (30 years of age) who was seated next to the table while drinking alcohol at H’s main point of “H” located in Gui-si, Gui-si on September 6, 2015, for the reason that “if a pregnant or nursing woman exists, there is a difference in tobacco smoking.” On the same day, the victim C and the victim J (30 years of age), K, L, etc. were discharged into a house around 02:0 on the same day.

The Defendants argued that Defendant A’s leakage and Defendant B’s wife were in the above time and place “H main store”, and that the Plaintiff was faced with the face of L and H main store, and caused it to be cut off on the said site, and accordingly, Defendant A took the face of the victim C by drinking so that he was in need of approximately three weeks of treatment. Defendant B took the body of the victim with each item (70cm in length) which is a dangerous object in the vicinity and her substitute seat, and her body, which is a dangerous object (70cm in length) and her substitute seat. Defendant B took the body of the victim C, which is a dangerous object, and took it together with the victim’s body, and she took the body of the victim with the body of the victim C above the floor. As such, Defendant B took the body of the victim, who was in need of approximately three weeks of treatment.

Defendant B continued to have escaped from the wind of the victim J, and the victim J met the body of the victim J, i.e., each item and the substitute stone, which are dangerous things in the vicinity, on the ground that the victim J escaped, and the victim J met the body of the victim J. Defendant A, in combination with this, when the victim J met the body and head of the dangerous things, Defendant A sustained the victim J. As such, the victim J suffered an injury, such as a chest cumumum, which requires approximately three weeks of medical treatment.

Accordingly, the Defendants conspired to commit a dangerous act.

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