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(영문) 서울북부지방법원 2014.07.01 2013고단3330
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

Defendant

A shall be punished by a fine of KRW 3,000,00, and by a fine of KRW 1,500,000, respectively.

The Defendants respectively.

Reasons

Punishment of the crime

1. On September 18, 2013, the co-principal E and Defendant A shared criminal activity E and Defendant A on the ground that at around 04:10, around September 18, 2013, the victim H (33 years of age) was at the time of the above age club toilets E in front of the latter part of the “Gnaart club” located in the Seoul Gangnam-gu Seoul Metropolitan Government (F).

Defendant

A used the victim on the floor and taken up the victim's face and body flick, flicked the victim's face and body flicked, and E flicked the victim's face and body flicked so that he flicked the victim's face and body flicked from about 6 weeks of the face and body flicked.

2. Defendant B, at the time and place described in paragraph (1) due to the above H’s daily behavior, reported the victim A (28) to h as described in paragraph (1), and suffered injury to the victim, who walked the victim’s face at a number of times, such as cutting down the mouths requiring approximately six weeks of treatment.

Summary of Evidence

[Judgment of the court below]

1. Defendant A’s legal statement

1. The police suspect interrogation protocol of H;

1. A medical certificate of injury (H) (the fact that it was sold on the market);

1. A legal statement of a witness;

1. Each prosecutor's protocol of suspect examination of H, I, Defendants B and A;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate (A);

1. A of the relevant criminal facts: Article 2 (2) and (1) 3 of the Punishment of Violences, etc. Act, Article 257 (1) 2 of the Criminal Act: Article 257 (1) of the Criminal Act;

1. Selection of each alternative fine for punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Defendant B’s defense counsel’s assertion of Defendant B’s defense counsel under Article 334(1) of the Criminal Procedure Act refers to only one side of the victim A, and does not consent to walk at several times as indicated in the facts charged. Moreover, Defendant E is an inevitable act to seek a h whose life is at risk, in the situation where A was actually trusted and the above Defendant E takes a knife, a dangerous thing.

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