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(영문) 대구지방법원 포항지원 2013.05.30 2013고단409
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
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Defendant

A Imprisonment with prison labor of one year and six months, and Defendant B shall be punished by imprisonment with prison labor of six months.

, however, from the date this judgment becomes final.

Reasons

Punishment of the crime

1. On April 17, 2013, Defendant A: (a) around 00:35, at the main station in the north-gu, North Korea-si; (b) around 00:35, on the ground that the victim, while drinking alcohol together with the victim B, she expressed the victim’s desire to do so; and (c) the victim’s head was deprived of the favorable beer and the victim’s head could not be known.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

2. Defendant B, at around 01:50 on April 17, 2013, at the Dong-gu E (SP) Police Station around 01:50, the Defendant, who was the victim of the instant 1 case, was examined by the police officer F as the victim of the instant 1 case, followed the Defendant’s written statement to the police officer F, printed out the written statement to the police officer F, thereby allowing the Defendant to peruse it, and turned down the written statement in good faith.

Accordingly, the defendant damaged the documents used by public offices to have their usefulness.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police interrogation protocol against the Defendants

1. The police statement concerning B;

1. Investigation report (the statement, etc. of the shootings);

1. Application of Acts and subordinate statutes to photographs of the upper body, tear tear, and statement;

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

(a) Defendant A: Articles 3(1) and 2(1)3 of the Punishment of Violences, etc. Act and Article 257(1)3 of the Criminal Act

B. Defendant B: Article 141(1) of the Criminal Act (Selection of Imprisonment)

1. Discretionary mitigation (Defendant A) Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., the first offender and the agreed points);

1. Article 62 (1) of the Criminal Act, each of the suspended execution (the defendants);

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