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(영문) 부산지방법원 2015.07.16 2015고단661
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)
Text

Defendant

A Imprisonment with prison labor for one year, and for six months, each of the defendants B.

Reasons

Punishment of the crime

Defendant

A was sentenced to imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act in the Busan District Court's branch on August 19, 201, and the execution of a sentence was terminated on January 3, 2013 in the Busan District Court's Busan District Court's branch on January 14, 2014. On February 14, 2014, a sentence of imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (a collective injury with a deadly weapon, etc.) was declared on April 30, 2014, and the said judgment was under confinement in the Busan District Court's detention center, and on October 22, 2014, the said judgment became final and conclusive on March 27, 2015.

Defendant

B On December 7, 2011, the Busan High Court sentenced one year to imprisonment with prison labor for an injury, etc., and completed the execution of the sentence in the Busan High Court on April 30, 2012. On January 24, 2014, the Busan District Court sentenced three years to imprisonment with prison labor for a special robbery at the Busan High Court on January 24, 2014, and is in confinement in the 1st correctional institution of the North Korean Peninsula, which became final and conclusive on June 13, 2014.

1. On October 20, 2014, around 07:00, Defendant A assaulted the victim’s head one time on the ground that the victim B (year 23) instructed the preparation for food at the Busan detention center E Dong Office located in the Busan Sho-gu School in 268, Busan, and that the victim B (year 23) instructed the preparation for food “I would not follow the instructions by hand and directly lower the victim’s head.”

2. Defendant B was subject to assault as above at the same date, time, and place as set forth in paragraph (1), and when the victim A (the victim of 59 years of age) was fryed on one occasion due to drinking, Defendant B put the victim into a frightter for treatment days.

Summary of Evidence

1. Defendant B’s legal statement

1. The defendant A's partial statement

1. Each legal statement of the witness F, G, B and A;

1. Statement of opinion;

1. Previous convictions in judgment: Each criminal history record report, each investigation report (No. 17 and 18 No. 17 and 18 of the evidence list), and application of the search-related Acts

1. Article 3 (1) and Article 2 (1) 1 of the Punishment of Violences, etc. Act shall apply to the relevant criminal facts and the defendant A who has selected a sentence.

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