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(영문) 의정부지방법원 고양지원 2015.08.04 2015고단1182
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

[Defendant A] Defendant A shall be punished by imprisonment with prison labor for a year and six months.

However, the above punishment shall be imposed for three years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

At around 01:30 on March 17, 2015, the Defendants were under drinking alcohol with a person without his name, at the main point of the name, "E" of the second floor D 1st, Goyang-gu, Goyangyang-gu, Goyang-si, Goyang-si, Dayang-si, on the ground that the victim F (58 years of age) continued to singing above the stage, and the victim was under the name, the victim was suffering from the beer’s disease, which is a dangerous thing for the victim. Defendant A was under the name of the victim. Defendant B was under the influence of the victim’s face by shouldering two beer, and Defendant B was under the name of the victim. Defendant B was under the influence of the victim’s head and b was under the influence of the head of the victim with his name, and Defendant B was under the influence of the victim’s head, who was under the influence of the speb and the speb, and Defendant B was under the name of the victim and B.

As a result, the Defendants, in collusion with the name-influor, carried dangerous objects and inflicted bodily injury on the victim, such as tear tear, etc. for about four weeks.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement of the F, G, H, and I;

1. A report on an occurrence;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes to photographs on site, such as field photographs, and part of the body of victims;

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 subject to discretionary mitigation: Articles 53 and 55(1)3 of the Criminal Act;

1. Defendants on probation: Article 62(1) of the Criminal Act;

1. Defendant A of the community service order: The reason for sentencing under Article 62-2 of the Criminal Act [the scope of recommendation] The crime of this case committed by the Defendants who assaulted the victim and sustained bodily injury due to the following reasons: (a) the mitigation area (one year to six months), the mitigation area (one year to two years), the punishment not to be imposed (including efforts to recover from damage), or a considerable partial recovery from damage (the decision of sentence] the crime of this case committed by the Defendants who committed assaulted the victim due to the common sentencing reasons against the Defendants.

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