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(영문) 춘천지방법원 강릉지원 2014.07.10 2014고단280
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

Defendant

A Imprisonment of one year and six months, Defendant B shall be punished by a fine of 2,00,000 won, and Defendant C by imprisonment of one year.

Reasons

Punishment of the crime

1. On January 17, 2014, Defendant A and Defendant B, within the office of the victim C (the age of 43) located in F in the East Sea at the time of the East Sea around 11:30 on January 17, 2014, Defendant A and the victim of his/her birth were in dispute with the sale of fish during the process of taking charge of the G master's work owned by the victim of his/her birth, but he/she had a drinking towards the victim.

이에 피해자가 피고인 A의 얼굴을 4~5회 때려 피고인 A을 넘어뜨리고, 피해자가 피고인 A의 얼굴 부위 등을 걷어찼다.

At this time, when Defendant B entered the above office and the victim viewed that Defendant A was the father of the above office, Defendant B had flicked the victim’s flick, and had 1 to 2 times drinking the victim.

Defendant A continuously sold the part of the victim’s head at two times with a wooden net, which is a dangerous object that was kept in custody in the above office, and the part of the victim’s head at two times with a length of 100 cm, and Defendant B was aware of the victim’s face one time by drinking the victim’s act.

As a result, the Defendants conspired jointly with the victims for about three weeks of medical treatment.

2. 피고인 C 피고인은 2014. 1. 17. 11:30경 동해시 F에 있는 피고인의 사무실 내에서, 제1항에 기재된 바와 같이 피해자 A(48세)와 말다툼하다가 피해자가 주먹을 휘두르자, 주먹으로 피해자의 얼굴 부위를 수회 때려 넘어뜨린 뒤, 넘어져 있는 피해자의 얼굴 부위 등을 발로 수회 걷어찼다.

As a result, the defendant suffered from a 4-day therapy for the victim, which requires approximately 4 weeks of treatment.

Summary of Evidence

1. Defendants’ respective legal statements

1. Defendant A and Defendant C’s each statement, and Defendant B’s part of the protocol of interrogation of prosecution prosecution against the Defendants

1. Each written diagnosis;

1. Application of Acts and subordinate statutes governing evidence photographs;

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;

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