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(영문) 춘천지방법원 속초지원 2014.09.17 2014고단275
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

Defendant

A Imprisonment with prison labor for two years and for one year and six months, respectively.

, however, for three years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendants conspired to comply with the victim's collection on the ground that the victim D(55) did not repay the money borrowed from Defendant B prior to the deposit.

In accordance with the above conspiracy, at around 23:40 on June 25, 2014, the Defendants were at the house of the victim in Gosung-gun E, Gangwon-do, and for the above reasons, Defendant B took a part of the victim’s face, and Defendant A went beyond the victim by drinking the victim’s face at hand, and Defendant A went beyond the victim’s face at hand. Defendant A collected bricks (a 19cm, 9cm, 9cm, 5.5cm in thickness) which are dangerous things in the place, and 2 times back the head part of the victim’s head part. Defendant B took part of cement block (a 39cm, 19cm, 15cm, 15cm in thickness) which is dangerous things in the place. Defendant B took part of the victim’s head, etc. at one week when taking part in the victim’s left part, such as head, etc. at one time.

As a result, the Defendants jointly carried dangerous objects and inflicted injury on the victims.

Summary of Evidence

1. Defendants’ respective legal statements

1. Examination protocol of police suspect regarding D;

1. Application of Acts and subordinate statutes to investigation reports (related to attachment of medical certificates D), investigation reports (related to the statement made by the F of a reference witness);

1. Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act concerning facts constituting an offense, Articles 257 (1) and 30 of the Criminal Act;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act for a suspended sentence (the grounds for discretionary mitigation repeated);

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act for probation and community service order: All the Defendants are the same criminal records and several times; Defendant A committed the instant crime before the period of the same suspension of execution expires: The agreement is reached with the victim; Defendant A did not have any criminal records.

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