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(영문) 의정부지방법원 2013.08.14 2013고단1824
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

Defendant

A Imprisonment with prison labor for a year and eight months, and for a defendant B, for a year and six months, respectively.

However, as to Defendant A, this shall not apply.

Reasons

Punishment of the crime

On April 16, 2013, at around 01:30, the Defendants: (a) met with Defendant A and its employees on the ground that the victim F (the victim F (the victim of 29 years of age) was not in front of the elevator in the E entertainment tavern located in Namyang-si, the building D, and around 01:30 on April 16, 2013; (b) Defendant B was in the presence of the victim on one occasion, and Defendant B was in the presence of the victim on one occasion; (c) Defendant A was in the face of the victim on one occasion by drinking; and (d) the head of the victim on one occasion by making the head of the beer and other beer disease; and (d) Defendant A was in the face of the victim on one’s body going beyond the floor.

Defendant

A, as the victim escaped back to G, A followed the victim's breath, and H, the Defendant's fat, fating, fat off the victim's chest to the upper bed.

As a result, the Defendants jointly put up two parts of the victim in need of medical treatment for about 28 days.

Summary of Evidence

1. Defendants’ respective legal statements

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

1. Statement of the police statement concerning F;

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

1. The Defendants of relevant criminal facts: Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act, Articles 257 (1) and 30 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. Defendant A of probation and community service order for the reason of sentencing under Article 62-2 of the Criminal Act: Defendant A of the reason of sentencing under Article 62-2 of the Criminal Act is limited to the degree of participation, such as the price of the victim and the most serious injury, and three times of fine.

However, the circumstances in which the victim explicitly withdraws the intention of punishment against the defendant A shall be taken into account.

Defendant

In the case of B, the defendant B does not indicate the agreement submitted by the victim as the perpetrator.

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