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(영문) 대구지방법원 김천지원 2015.01.28 2014고단1429
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 six months.

provided that this ruling has become final and conclusive.

Reasons

Punishment of the crime

1. At around 04:50 on July 13, 2014, the Defendant: (a) while drinking alcohol together with the daily drinking at the front gate of the “E” restaurant entrance located in Gumi-si, Gumi-si; (b) the victim B (the age of 26) who was drinking in the next table was fluor, on the floor due to the restaurant employees and the substitute driving of the restaurant, was fluoring the victim’s back water at one time and one face; and (c) the Defendant was fluoring the victim’s back water at one time on the floor on the ground that the water was fluoring. At the public parking lot located in the front of the restaurant, the Defendant attempted to have the victim covered the victim’s clothes by a fluor, which is a dangerous object by cutting down the two empty disease, but the victim was fluoring the victim’s left part by avoiding this.

As a result, the defendant suffered damage to the victim and heat of the following arms and other fingers that need to be treated for about three weeks.

2. Defendant B, at the above time and at the above place, she taken a drinking house from the victim A (the age of 24) who followed the drinking water from the above time and place as seen above, and she took the body of the victim as a drinking, and threatened the shoulderer’s disease, which is an object dangerous to the arbitr, by shouldering the arbitr’s body, and by carrying the arbitr’s disease on the arbitr.

Since then, when the Defendant re-enters the body of the victim by drinking in a public parking lot in front of the above restaurant, the Defendant inflicted an injury on the victim, such as salt pan in the right part of the elbow part of the right arms requiring medical treatment for about three weeks.

Summary of Evidence

1. Defendants’ respective legal statements

1. F statement in the interrogation protocol of Defendant A by the prosecution;

1. Each police statement made to G, H and I;

1. A medical certificate or an injury medical certificate;

1. Application of Acts and subordinate statutes on the spot and standing photofics;

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

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. Articles 3(1) and 2(1) of the Punishment of Violences, etc. Act

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