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(영문) 부산지방법원 2016.04.07 2014고단5560
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 one year.

Reasons

Punishment of the crime

1. Defendant B: (a) around January 19, 2014, at around 01:30, around the F’s 1studio of “G” of the F operation located in Geum-gu, Busan, the head of Singu, provided that the victim would drink with the victim A and would not give F the alcohol level; and (b) carried out a horse fighting with the victim, who was trying to restrain it, she was pushed the victim with a shoulder glass glass, which is a dangerous object located far away from the floor and down, and prevented the above victim from doing so, and she flicked the victim with a flick flick with the right side for about two weeks treatment.

2. Defendant A, while fighting with the victim B at the above time and at the above place, she was satisfyed with the shoulder glass, which is a dangerous object of the said victim, and satisfyed twice the head of the said victim by cutting the satisfy, and satisfy the head and face of the said victim two to three times. Defendant A continued to put the victim into double satisfy, which requires a treatment for about two weeks.

Summary of Evidence

[Defendant A]

1. Defendant A’s legal statement

1. "Defendant B" in a written diagnosis of injury;

1. A legal statement of a witness;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Grounds for sentencing under Articles 258-2(1), 257(1), and 1(2) of the relevant Criminal Act against criminal facts

1. It is recognized that Defendant A had the attitude of reflecting the Defendant A’s recognition of the instant crime, and the instant crime appears to have been committed by the victim B during the process of preventing the Defendant’s intending to commit a defect with a shoulder glass, and that the said victim was injured by the said Defendant due to the criminal act committed by the said victim, and that there was no record of criminal punishment other than once a fine, etc.

However, the crime of this case is likely to cause injury to the victim's head and face several times with shoulder glass and micro, etc.

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