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(영문) 수원지방법원 성남지원 2014.07.24 2014고단625
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

1. The defendant A shall be punished by imprisonment with prison labor for one year and six months;

2. The public prosecution against Defendant B is dismissed.

Reasons

Punishment of the crime

On December 4, 2012, the Defendant was sentenced to imprisonment for 8 months with prison labor for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Doing Vehicles) in the Sungwon District Court's Sungnam branch on December 4, 2012, and the said judgment became final and conclusive on the 1

On December 2, 2013, at around 01:40, the Defendant, while drinking alcohol together with the victim B at Ecafeteria located in Seongbuk-si, Sungnam-si, the Defendant inflicted an injury on the number of days of treatment, such as the victim’s back head at the time of drinking, and the victim’s back head at the hand with the hand floor, which was an dangerous object, one time due to a beer disease against the victim’s left head, and the victim’s head was teared, and so forth.

Summary of Evidence

1. Defendant's legal statement;

2. B written statements;

3. A report on investigation.

4. Damage photographs;

5. Previous records: Application of Acts and subordinate statutes to criminal records, references to criminal records, amounts of dispositions, results of confirmation, and reporting; and

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

2. Rejection of prosecution under Articles 53 and 55 (1) 3 of the Criminal Act (Defendant B) for discretionary mitigation;

1. The Defendant committed assault, on the ground that the victim’s speech is high while drinking alcohol together with the victim A at a place as stated in the facts constituting an offense in the facts charged, on the ground that the victim’s back head can be seen as drinking, and the victim’s back head can be seen as drinking, and the victim’s hand floor can be seen as breatheing.

2. Article 327 subparagraph 6 of the Criminal Procedure Act and Article 260 (3) of the Criminal Act that the victim does not want the punishment against the defendant.

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