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(영문) 의정부지방법원 2014.12.19 2014고단2672
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

The request of the applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

1. The Defendant, at around 19:00 on May 6, 2014, 201, was drunk in a “G” restaurant operated by the Victim F in the Gu Government-Si E, and was drunk from the victim to leave from the victim.

In order to protect the audience, display places in front of the calculation unit were sealed and two persons with an Aluminium were collected on the floor.

As a result, the defendant damaged the display site equivalent to 60,000 won of the market price of the victim, and one telephone machine equivalent to 100,000 won of the market price of the victim, and two persons with aluminium in addition to the market price.

2. The Defendant, at the above date and at the above place, threatened the victim C(40 years of age) and the victim D(n, 43 years of age) who had been a guest while drunking the disturbance as above, without any justifiable reason, called “a flab, blab,” and went back the head and hot body of the above C as a dangerous object in front of the restaurant door, and continued to turn back the head and hot body of the above D, one time as an Alumin.

As a result, the Defendant carried dangerous objects and carried them about four weeks of medical treatment to the above C, resulting in an unknown cerebral lein that is necessary for treatment of approximately two weeks to the above D.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police against F, D, and C;

1. Damage photographs;

1. Application of Acts and subordinate statutes of each injury diagnosis letter;

1. Article 3 (1) and Article 2 (1) 3 of the Punishment of Violences, etc. Act concerning facts constituting an offense, Article 257 (1) of the Criminal Act and Article 366 of the Criminal Act concerning the punishment of a deadly weapon, Article 36 of the same Act concerning the selection of a punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Habitual injury, injury, repeated crime and special injury caused by the reason (where the scope of liability for compensation is not clear) for sentencing under Articles 25 (3) 3 and 32 (1) 3 (where the scope of liability for compensation is not clear) of the Act on Special Cases concerning the Promotion, etc. of Litigation, etc. of Application for Compensation Order;

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