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Reasons
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(영문) 춘천지방법원 속초지원 2013.12.06 2013고단406
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
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Defendants shall be punished by imprisonment for one year and six months.

Provided, That each of the above punishments shall be executed for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendants, around 22:00 on April 13, 2013, performed alcohol together in the “EC” located in Gangwon Yangyang-gun D, and were in time to ask the victims F (the age of 43) and the above “EC” owners of the “EC” for the location of toilets.

Defendant

A when the face of the victim is taken as a drinking, and Defendant B her freshed with fresh, freshed the fresh of the victim, and obstructed the occurrence of the victim. Defendant A freshed the face part of the victim, which is a dangerous object, and fresh the victim’s face part once.

As a result, the Defendants conspired in collusion and carried dangerous objects with the victim about two weeks of medical treatment, resulting in an injury to the victim, such as an open coconscis in need of medical treatment.

Summary of Evidence

1. Defendants’ legal statement

1. The police statement concerning F;

1. A medical certificate;

1. A photograph of the damaged part, a photo of the Speaker;

1. Application of Acts and subordinate statutes to the investigation report;

1. Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act concerning the crime concerned, Articles 257 (1) and 30 of the Criminal Act;

1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (i.e., the fact that the defendant recognized the crime and reflects the crime, the contingent crime, the degree of damage to the victim is relatively minor, the defendant A deposited KRW 1,00,000 for the victim, the defendant B deposited KRW 50,000,000 for each of them, and the fact that the defendant B had no criminal record of the same kind or suspension of execution or more);

1. Article 62 (1) of the Criminal Act for a suspended sentence (the grounds for discretionary mitigation repeated);

1. Defendant A of a community service order: Article 62-2 of the Criminal Act;

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