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(영문) 서울동부지방법원 2014.06.12 2014고단359
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

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

However, it is against the Defendants for two years from the date of the final judgment.

Reasons

Punishment of the crime

1. A around 04:40 on January 7, 2014, Defendant A suspended the singinging machine at “F points” located in Gangdong-gu Seoul Metropolitan Government, and caused injury to the victim, such as brain singin, which requires treatment for about three weeks, by putting down the victim’s head sings and singinging down the victim’s head sing, and singing down the victim’s face with a hand-to-to-face, which is a small-to-face, a dangerous thing with the victim’s face.

2. Defendant B, at the above date and at the above place, abused the head of the victim from the victim A due to violence, and the head of the victim was sculed and sculed, and the head of the victim was sculed once and sculed, and suffered injury, such as brain sculin in need of treatment for about two weeks.

Summary of Evidence

1. Defendants’ respective legal statements

1. Legal statement of witness G;

1. Protocol concerning the interrogation of the Defendants by the prosecution

1. Each death diagnosis and written confirmation of hospitalization;

1. Application of the Acts and subordinate statutes on the upper part of each body photograph;

1. Articles 3(1) and 2(1)3 of the Punishment of Violences, etc. Act and Article 257(1) of the Criminal Act concerning criminal facts

1. Articles 53 and 55(1)3 of the Criminal Act of the Defendants with discretionary mitigation

1. The grounds for sentencing under Article 62(1) of the Criminal Act (the defendants)

1. Scope of the sentence recommended by the sentencing guidelines (determination of types), violent crimes; special injury [decision of the recommended area] mitigated area (decision of the recommended area] (decision of the mitigated area of recommendation), six months to two years and six months;

2. The sentence of sentence is the first offender who is the age of the Defendants, the contingent criminal caused by a minor dispute as a relative with each other, the fact that the Defendants do not want the punishment of each other, and other circumstances revealed in the arguments, including the defendants’ age, character and conduct, occupation, intelligence and environment, motive and background of the crime, means and method of the crime, circumstances after the crime, etc., shall be determined as ordered by taking into account all the circumstances revealed in the arguments.

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