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(영문) 수원지방법원 평택지원 2015.06.11 2015고단425
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

Defendant

B A person shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

B around 22:20 on November 30, 2014, around E convenience points in Pyeongtaek-si D, Defendant B had talked about the case where Defendant B interfered with his business within the “G main store” prior to the early payment of the amount, and caused two injuries, such as damage of the victim’s head, which requires approximately 14 days of treatment, by taking the victim’s head into account the victim’s head in the non-afa 500 drinking water, which is a dangerous object that he had and had.

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of witness F;

1. Application of Acts and subordinate statutes to the victim's photograph, injury diagnosis report, etc.;

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

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

1. Article 62 (1) of the Criminal Act;

1. Circumstances favorable to the reasons for sentencing under Article 62-2 of the Criminal Act on probation and community service order: The portion not guilty in the basic area (2-4 years and four years) of category I (2-year and the basic area (2-year and four years), in which judgment is made on the existence of serious reflective power, poor quality of the same kind of punishment, and whether the sentencing guidelines for the injured part are applied;

1. The summary of the facts charged is as follows. Defendant A shared with Defendant B at the time and place indicated in the facts charged in the judgment, and Defendant B saw the victim as sparably, and Defendant B took dangerous things in the same manner as indicated in the facts charged, and inflicted bodily injury upon the victim, such as injury of two fesspy that requires treatment of about 14 days.

2. At the time of the instant crime, whether Defendant A was involved in the Defendant B’s act of violence and had the intent to commit violence against the victim, namely, whether a subjective element is the intent to jointly process and objective requirements, and is a crime through functional control based on a common intent.

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