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(영문) 서울동부지방법원 2014.08.27 2014고단2034
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

Defendant

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

provided that this ruling has become final and conclusive.

Reasons

Punishment of the crime

1. At around 04:45 on July 1, 2014, Defendant A: (a) suspected of having the victim B, who was working in front of the Jyang-ro 93 Jin-ro, Gwangjin-gu, Seoul, stolen the Defendant’s wallet; (b) the occurrence of a disaster with the victim, the Defendant inflicted an injury on the victim, such as gathering an empty kys, which is a dangerous article in front of the pharmacy, and leaving the victim’s face with an empty khick, leaving the victim’s face.

2. Defendant B inflicted an injury on the victim’s face when taking the victim’s face into drinking, and making the victim enter the eye, etc. on the part of the victim, on the grounds as stated in paragraph (1), at the time and place of the statement in paragraph (1).

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police interrogation protocol against the Defendants

1. Application of each police protocol of statement to D and E;

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 257(1) of the Criminal Act; the choice of imprisonment

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

1. Reasons for sentencing under Article 62 (1) of the Criminal Act, which is suspended from execution (the defendants);

1. Taking into account the following factors: (a) the mitigation area (1 year and six months to two years and six months) of the mitigation area (1 year and six months), (2) of the mitigation area (1 year and six months to six months) of the habitual injury, repeated injury, and special injury (2) of the Defendant A [Scope of Recommendation] of the non-prosecution of the punishment (2) of the punishment (2) of the Defendant A

2. Taking into account the following factors: Defendant B [Extent of Recommendation]’s general injury Type 1 (General Injury) and the mitigation area (2-1 year) [Special Mitigation]’s refusal to punish (decision of sentence] reflects on the decision of sentence, agreement, and fact that there is no record of criminal punishment:

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