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(영문) 서울북부지방법원 2013.05.08 2013고단554
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

Defendants shall be punished by imprisonment for one year and six months, respectively.

However, the execution of each of the above penalties for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

A is an employee of the lending enterprise called “D”, and Defendant B is the president of the same enterprise.

At around 22:10 on December 7, 2012, the Defendants, while drinking alcohol with new employees, such as the victim F (29 years of age) while under the influence of alcohol at the Eju (e.g., Gangnam-gu, Seoul) around 22:10, on the ground that all other employees went out to the outside and the victim called Defendant B as a site of detention, Defendant B, who entered the main place and said that he was the victim’s female employees, was called the site of detention. Defendant B, along with the following: (a) was called as “I fright???????????????????????????????????????????????????????????????????????????????????????????????

As a result, the Defendants conspired to carry dangerous things and carried them for two weeks to give two-time medical treatment to the victim, and carried them on the inside and outside of the left arms.

Summary of Evidence

1. Defendants’ respective legal statements

1. The police statement concerning F;

1. Application of Acts and subordinate statutes to an investigation report (report attaching a medical certificate for injury);

1. The Defendants of relevant criminal facts: Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act, Articles 257 (1) and 30 of the Criminal Act

1. Defendants to be legally mitigated: Articles 10 (2) and (1) and 55 (1) 3 of the Criminal Act;

1. Although the defendants committed the crime of this case in the state of mental disability, the degree of injury suffered by the victim is not relatively heavy, and the defendants paid damages to the victim five million won as compensation for damage and agreed with the victim, etc., the punishment of this case shall be determined as set forth in the disposition, considering the following: (a) the defendants committed the crime of this case in the state of mental disability; (b) the extent of injury suffered by the victim is not much serious; and (c) the defendants paid the victim five million won as compensation for damage and agreed with the victim.

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