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(영문) 수원지방법원 2013.09.30 2012고단4836
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

Defendant

C Imprisonment with prison labor of one year and six months, and each of the defendants A and B shall be punished by a fine of 1.5 million won.

Defendant

A and B, respectively.

Reasons

Punishment of the crime

1. On July 25, 2012, the Defendants jointly and severally wanted to jointly engage in the joint criminal conduct of the Defendants, a motor vehicle driven by the Victim F (the age of 26) driving in Suwon-si E-gu, Suwon-si, and expressed the Defendants the Defendant’s desire to “influort, fluort, ringing the Defendant,” and she would be called as “influort, ringing,” and the victim would be called as “influort,” and the victim would be called as “influor,” the victim’s face was 4 to 5 times in drinking, Defendant B was fluened with the victim’s chest, Defendant C was fluord with the victim’s chest, Defendant C was fluord with the victim’s her fluor, and Defendant C assaulted the victim.

2. Defendant C, at the above time and place, was sealed with the victim at a time and place, as above, and was fluencing with the victim, the head part of the victim’s head was cut twice, and the victim was fluenced with the head part of the treatment days.

Summary of Evidence

1. Defendants’ respective legal statements

1. Application of Acts and subordinate statutes to the police investigation protocol concerning F;

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

A. Defendant A and B: Article 2(2) and (1)1 of the Punishment of Violences, etc. Act, Article 260(1) of the Criminal Act, the selection of fines

(b) Defendant C: Articles 3(1) and 2(1)3 of the Punishment of Violences, etc. Act, Article 257(1) of the Criminal Act (the point of injury by carrying a deadly weapon), Article 2(2) and Article 2(1)1 of the Punishment of Violences, etc. Act, Article 260(1) of the Criminal Act (the point of joint violence) and the choice of imprisonment, respectively.

1. Aggravation of concurrent crimes (Defendant C): the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Discretionary mitigation (Defendant C): Articles 53 and 55 (1) 3 of the Criminal Act;

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

1. Provisional payment order (Defendant A and B): Article 334 (1) of the Criminal Procedure Act;

1. Suspension of execution (Defendant C): The defendants with reasons for sentencing under Article 62(1) of the Criminal Act agreed with the victim and the degree of participation in each of the crimes in this case are considered as ordered.

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