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(영문) 대구지방법원 안동지원 2015.01.23 2014고단1017
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

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

However, it is against the Defendants for two years from the date of the final judgment.

Reasons

Punishment of the crime

1. On July 13, 2014, at a permanent university of 00:08, Defendant A 13, a university of permanent residence of 00:08, was coming with B in front of a single bank, and the victim D(the age of 30) was taken to take a bath, and the victim / E was crypted, and the victim / the victim / the victim / her face was cryed. When the victim / her face was taken one time as drinking, the Defendant / her wife her teared the victim / her left side of the treatment days to D.

2. The Defendants’ co-principaled Defendants e (the 30-year-old victim E (the 30-year-old victim) who works in the above D fighting at the same time and place as the above Paragraph 1 above e.g., the fighting match, and the Defendant A, the Defendant A, e.g., a dangerous object at the toilet of the neighboring building, carried the smuggling e.g., the victim’s e., the right arms, and returned back. Defendant B, together with the aforementioned e.g., took time to return to the victim for drinking.

As a result, the Defendants conspired to carry dangerous objects and carried them to the right side of the treatment days, so that they can tear back to the left side of the treatment days.

Summary of Evidence

【One point in the market】

1. Defendant A’s legal statement

1. Statement of statement by the police about D (a point in the market No. 2 at the time of market);

1. Defendants’ respective legal statements

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to an investigation report (Evidence No. 22);

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

(a) Defendant A: Article 257(1) of the Criminal Act (the point of injury, the choice of imprisonment), Articles 3(1) and 2(1)3 of the Punishment of Violences, etc. Act, Articles 257(1) and 30 of the Criminal Act (the point of injury inflicted by carrying dangerous articles);

B. Defendant B: Articles 3(1) and 2(1)3 of the Punishment of Violences, etc. Act, Articles 257(1) and 30 of the Criminal Act

1. Defendant A among concurrent crimes: former part of Article 37, 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. Reasons for sentencing under Article 62 (1) of the Criminal Act of the suspended sentence;

1. Defendant A’s primary crime [the scope of recommendations].

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