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(영문) 창원지방법원 진주지원 2014.06.25 2014고단397
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

Defendants shall be punished by imprisonment for one year and six months.

However, as to the Defendants for two years from the date of the final judgment of this case, the Defendants are above.

Reasons

Punishment of the crime

On February 12, 2014, the Defendants: (a) around 23:00, while drunkly being drunk within the E-state located in Sacheon-si, the victim F (the age of 43) and the victim G (the age of 38) were breathed; (b) Defendant A, on drinking, took the victim F’s face at one time; (c) the victim F and G’s head from the beer’s disease; (d) Defendant B f and G’s head from the beer’s disease, which is a dangerous object, took several times to the victim F and G head; and (e) Defendant B suffered injury, such as an injury to the bed, the mouth, the right-hand bed, and two weeks of treatment for the victim G, including two weeks of treatment.

Accordingly, the Defendants jointly carried dangerous articles and inflicted injury on the victims.

Summary of Evidence

1. Defendants’ respective legal statements

1. The statement of each police officer made to F and G;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes to the scene of damage and photographs of victims;

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. Of concurrent crimes, the former part of Article 37, and Articles 38 (1) 2 and 50 of the Criminal Act;

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

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

1. The nature of the crime of this case committed by the Defendants, which caused injuries to the victims who are dangerous objects in sentencing under Article 62-2 of the Criminal Code of the Social Service Order, is not somewhat weak, but the Defendants are divided while committing the crime, contingent crimes, the Defendants agreed with the victims, and all other circumstances constituting the conditions for sentencing, including the character, conduct and environment, etc. of the Defendants, shall be determined as ordered by the order.

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