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(영문) 춘천지방법원 원주지원 2014.04.22 2014고단162
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등
Text

Defendant

A Imprisonment for eight months, and Defendant B shall be punished by a fine of two thousand five hundred won.

Defendant

B The above fine.

Reasons

Punishment of the crime

1. On March 11, 2014, Defendant A around 21:30, the Defendant was taking the steps, such as the victim G (e.g., 53 years old) from the front of the F main point in Won-si, Seoul, by pushing together the victim G (e.g., 53 years old), and took the steps, such as the victim in excess.

In the latter, the Defendant dupliced the bage of the victim B(the age of 42) by cutting off the breath, and dupliced with the duplic, which was a dangerous object located therein, brought the duplicating part of the victim’s left-hand shoulder.

As a result, the defendant injured the victim G by damaging the reputation of the left-hand blue blue with which the treatment period cannot be known, and assaulted the victim B by carrying dangerous objects.

2. Defendant B, along with G, carried the victim’s assault against the victim A (the age of 53) at the above time and place, sealed the victim by hand, while G was satisfing the victim’s fat, and damaged the victim’s satch with approximately 14 days of medical treatment.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police suspect interrogation protocol against Defendants and G

1. Application of Acts and subordinate statutes to the scene, a photograph of a steel manufacturer, a part of damage to G, and a written diagnosis of injury;

1. Relevant Article of the Act on the Punishment of Violences, etc. and the Selection of Punishment A: Articles 3 (1) and 2 (1) 1 of the same Act, Article 260 (1) of the Criminal Act, Article 257 (1) of the Criminal Act (the point of injury by carrying a deadly weapon and the choice of imprisonment): Defendant B: Article 2 (2) and (1) 3 of the Punishment of Violences, etc. Act, Article 257 (1) of the Criminal Act

1. Defendant A from among concurrent crimes: the former part of Article 37, and Articles 38 (1) 2 and 50 of the Criminal Act (within the scope of combined long-term punishments);

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

1. Defendant B of detention in a workhouse: Articles 70 and 69(2) of the Criminal Act;

1. Defendant A: Article 62 (1) of the Criminal Act;

1. Defendant B of the provisional payment order: Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. Defendant A

(a)based on the type of punishment and sentence 1.

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