(영문) 수원지방법원 안양지원 2014.11.28 2014고단1583

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(영문) 수원지방법원 안양지원 2014.11.28 2014고단1583

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

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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

On August 16, 2014, at the main point of "E" located in Ansan-si, the Defendants: (a) 02:37, on the ground that the victim F (the 65-year-old age) expressed the victim F (the 65-year-old age)’s desire to the Defendant B, and (b) the Defendant A took the face of the victim G (the 63-year-old age-) at a drinking time; (c) the victim F was able to take the victim’s face at a drinking time; (d) the victim F was threatening to take the part of the body and bridge of the victim, which is a dangerous object, at a time of launching, and the Defendant B threatened the victim’s body and bridge at two times, and walked the victim F’s face at a drinking time; and (d) the victim F was able to take two times, and (e) the victim F’s face at two times.

As a result, the Defendants jointly carried a dangerous beer disease, and inflicted injury on the victim G, such as the examination on the left-hand side of the treatment days, etc., and the victim F, such as the influence of the treatment days.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police interrogation protocol concerning F and G;

1. Serick photographs;

1. Application of Acts and subordinate statutes to each injured party photograph, certificate of fact of medical treatment (F);

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

1. Defendants from among concurrent crimes: the former part of Article 37, Articles 38(1)2 and 50 of the Criminal Act

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

1. Defendants on probation: Article 62(1) of the Criminal Act

1. Defendants of the community service order: The sentence shall be determined as ordered in consideration of the following: (a) the Defendants reflect the crime of sentencing under Article 62-2 of the Criminal Act; (b) the Defendants have no record of criminal punishment other than fines; (c) there has been no record of crime during the last five years; and (d) the victims do not want punishment by mutual consent after compensat

참조조문

-폭력행위 등 처벌에 관한 법률 제2조 제1항 제3호

-폭력행위 등 처벌에 관한 법률 제3조 제1항

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