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(영문) 춘천지방법원 강릉지원 2014.11.14 2014고단890
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

Defendant

A Imprisonment of one year and six months, and Defendant B shall be punished by a fine of 4,000,000 won.

Defendant

B The above fine.

Reasons

Punishment of the crime

1. 피고인 A의 폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해), 피고인 B의 폭력행위등처벌에관한법률위반(공동상해) 피고인들은 2014. 7. 26. 04:10경 강릉시 J에 있는 K 주점 앞에서 피해자 L(29세)로부터 피고인의 일행인 M이 라이터로 얻어맞은 일로 시비되어, 피고인 B은 피해자에게 주먹으로 피해자의 얼굴을 수회 때리고, 발로 피해자의 몸을 수회 걷어찼다.

Defendant

A taking part in this, he has broken the beer's disease, which is an object dangerous to both descendants, and has taken the head, face, and arms of the victim.

As a result, Defendant A carried dangerous objects, Defendant B jointly fell below the left side of the victim at least 10cm, and Defendant B put the victim’s rear body into the face of 3 weeks of treatment.

2. The Defendant injured the Defendant at the above date, time, and place, as seen above, and the victim N(30 years of age) who suffered the above L from the above wound, and the victim’s face was taken on several occasions due to the two drinkings, and the victim’s body was cut off the bones, which requires approximately four weeks of treatment.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police suspect interrogation protocol of L/N;

1. Application of each medical certificate, diagnosis certificate, or statute;

1. Article 3 (1) and Article 2 (1) 3 of the Punishment of Violences, etc. Act, Article 257 (1) of the Criminal Act, Article 257 (1) of the Criminal Act, Article 257 (1) of the Criminal Act (the point of injury, the choice of imprisonment): Defendant A: Article 2 (2) and Article 2 (1) 3 of the Punishment of Violences, etc. Act, Article 257 (1) of the Criminal Act, the selection of fines, Article 257 (1) of the Criminal Act,

1. Defendant A from among concurrent crimes: Within the scope aggregated with the long-term punishments of crimes under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act;

1. Defendant A with discretionary mitigation: Articles 53 and 55(1) of the Criminal Act

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