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(영문) 광주지방법원 순천지원 2013.04.03 2012고단3175
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

Defendant

A Imprisonment with prison labor of one year and six months, and Defendant B shall be punished by imprisonment with prison labor of four months.

provided that this ruling has become final and conclusive.

Reasons

Punishment of the crime

The defendants are those who operate the ‘EM store' located in 1,00 in 1,00.

1. On October 23, 2012, around 02:10 on 02:0, Defendant A suffered injury to the victim B (the 34 years of age) and the 'EM store', which are the ship's vessels within the ‘Fnoman bank located D', due to the operation of the 'Fnoman bank located in the 'Fnoman bank'. On October 23, 2012, Defendant A had been engaged in horse-fighting, due to the beer's disease, which is a dangerous object to be pushed down from the victim, the victim was in need of approximately three weeks of treatment, such as cerebrum, strophy, strophy, and so on.

2. As stated in the above paragraph 1 of the same Article, Defendant B, as the victim A (the age of 33), she was headed with beer disease; she escaped from the victim, she was set up the victim in front of Gju located in Gju in Yacheon-si, and she got off the floor by putting the victim on the floor; and she was inflicted upon the victim, she was at risk of diversified gambling, face impairment, etc., which requires approximately three weeks medical treatment.

Summary of Evidence

Judgment 1

1. The defendant A's partial statement

1. Legal statement of the witness B;

1. Eight copies of a photograph of damage;

1. An injury diagnosis certificate (B);

1. Paragraph (2) of this Article with three photographs;

1. Defendant B’s legal statement

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Defendant A: Articles 3(1) and 2(1)3 of the Punishment of Violences, etc. Act and Article 257(1)3 of the Criminal Act

B. Defendant B: Article 257(1) of the Criminal Act

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

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

1. The Defendants of the community service order asserts that the Defendant A’s assertion on the Defendant A’s assertion under Article 62-2 of the Criminal Act was based on the fact that he or she fighted with B, but did not inflict an injury on B due to beer and beer.

In addition, each evidence of the judgment, including the credibility witness B's statement, including the victim's legal statement, is beyond the injured part of the victim, and it is difficult to deal with the free trade, etc.

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