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(영문) 광주지방법원 목포지원 2016.06.17 2015고단410
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
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Defendant

A Imprisonment with prison labor for six months, Defendant B shall be punished by a fine of three thousand won,00,000 won.

Defendant

B The above fine.

Reasons

Punishment of the crime

At around 23:00 on January 12, 2015, the Defendants met Defendant A’s wife at the “Esing practice hall” and avoided Defendant A’s disturbance, on the ground that the victim FF (38 tax) who was a customer in the said singing practice hall was called “I would like to escape the disturbance at the south’s practice hall,” and the Defendant collected water cup, which is a dangerous object on the table table, from the victim’s body, and the victim’s body, which was used in the instant World Cup, was collected to the victim, and the victim’s body could be taken to drinking and drinking to the victim, and Defendant B opened the meeting with the victim’s body when the victim’s body can be taken to drinking and drinking to the victim, and the victim’s body needs to be taken to undergo approximately three weeks medical treatment.

Accordingly, Defendant A carried dangerous articles, and Defendant B jointly with Defendant A inflicted an injury on the victim.

Summary of Evidence

1. Defendant A’s legal statement

1. Legal statement of witness G;

1. Statement made by the police with regard to F;

1. A written diagnosis of injury;

1. Investigation reports (related to on-site situations, etc.);

1. Application of the Acts and subordinate statutes to photographs and water cup photographs taken on top of the body of the victim;

1. Relevant Article of the Act on the Punishment of Violences and the Selection of Punishment: Articles 258-2(1) and 257(1) B of the Criminal Act: Defendant B of the former Punishment of Violences, etc. Act (Amended by Act No. 13718, Jan. 6, 2016); Article 2(2) and 2(1)3 of the Criminal Act; Article 257(1) of the Criminal Act

1. Defendant A who is to be mitigated: Articles 53 and 55 (1) 3 of the Criminal Act;

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

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

1. Even when considering the fact that Defendant A led to the crime of this case, the fact that he committed the crime of this case somewhat contingent, and the fact that he did not have any record of committing the same kind of crime since 2004, the defendant led the crime of this case, and the degree of damage is reasonable in light of the applicable law of the crime.

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