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(영문) 춘천지방법원 영월지원 2013.06.18 2012고단509
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

Defendant

A Imprisonment with prison labor for a year and six months, and for a defendant B, for two years, respectively.

provided that this ruling has become final and conclusive.

Reasons

Punishment of the crime

1. On July 19, 2012, the Defendant: (a) around 16:00 on July 19, 2012, at the F resting area E, Defendant A, who was under drinking alcohol with the victim B (the age of 46) and was under drinking alcohol with the victim, was at a time of vision and biffed with the victim on the ground that the Defendant, who was under drinking alcohol with the victim, went against the victim’s act; (b) when the victim’s body was biffed with the victim’s body, the Defendant carried out a physical fighting and biffed with the victim’s body body part, which was a dangerous thing after the victim’s head, etc. was unable to identify the number of days

2. While Defendant B was at the same time and place as in the preceding paragraph with the victim A (the age of 41) and the body fighting as above, the victim got her head due to beer’s disease and her head, and her head was her head, which is a wooden stop (the length of 90cc, diameter of 10cc) dangerous object in the air her head, the victim’s head was her head, and the victim was her head was her head in one time, and the victim was her head was her head, and the victim was her head was her head was humped with an external wound, which requires approximately 8 weeks medical treatment.

Summary of Evidence

1. Defendant B’s legal statement

1. The defendant A's partial statement

1. The legal statement made by the witness B (limited to the defendant A);

1. Legal statement of witness G;

1. Examination protocol of Defendant B by the prosecution (including the part of Defendant A’s statement);

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

1. Each protocol of seizure;

1. On-site photographs and B photographs of the suspect;

1. Application of each investigation report (a photograph and a diagnosis report attached to the Victim A middle-patient's Office), and prosecution report (a diagnosis report attached to the investigation report, etc.) shall be subject to statutes;

1. The Defendants of relevant criminal facts: Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act and Article 257 (1) of the Criminal Act

1. Defendants subject to discretionary mitigation: Articles 53 and 55(1)3 of the Criminal Act;

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

1. Probation and community service order Defendant B: Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc.;

1. Confiscation Defendant B: Article 48(1)1 of the Criminal Act.

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