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(영문) 청주지방법원 2016.02.01 2015고단999
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

Defendant

A Imprisonment with prison labor of one year and six months, and Defendant B shall be punished by a fine of two thousand won.

Defendant

B The above fine.

Reasons

Punishment of the crime

Defendant

A is a business owner who operates Cheongju-si E and six-story F main points, and Defendant B is a person who has been a customer at the above F main points.

1. On March 25, 2015, Defendant A refused to demand extension of the business hours of the victim B (50 taxes) at the above F main store on March 25, 2015, the Defendant: (a) frightened the victim’s breath from the damaged; and (b) frightened the victim’s head with an empty beer disease, which is an dangerous object; and (c) frightened the victim’s head into one time; and (d) inflicted an injury on the victim’s open body around the snow (ma) in need of approximately two weeks of treatment.

2. Defendant B, like the date and time of paragraph 1, at a place and in paragraph 1, had the victim A (58 years of age) faced with the head’s body with an empty beer disease, and had the victim face face face back to a multiple times, and had the victim face face back to a new one, and had approximately two weeks of treatment.

Summary of Evidence

1. The Defendants’ respective legal statements (in the case of Defendant B, at the second trial date)

1. The protocol concerning the interrogation of the Defendants to the prosecution

1. Each police statement made with respect to G and H;

1. An injury diagnosis certificate (A), each injury diagnosis certificate (B);

1. Application of the Acts and subordinate statutes on photographs to the Defendants

1. Relevant legal provisions concerning criminal facts;

(a) Defendant A: Articles 258-2(1) and 257(1) of the Criminal Act;

B. Defendant B: Article 257(1) of the Criminal Act

1. Selection of a punishment (defendant B) penalty (see, e.g., factors favorable to the following reasons);

1. Article 70(1) and Article 69(2) of the Criminal Act on the confinement of a workhouse (Defendant B);

1. Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act (Article 62 (1) shall be repeatedly considered for the reasons for sentencing as follows);

1. The community service order (defendant A) under Article 62-2 of the Criminal Act;

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act (defendant B)

1. The crime of this case committed by Defendant A is a beer disease, which is a dangerous object of the Defendant, thereby causing bodily injury to the victim two weeks of care by putting the head of the victim into the beer disease, and the nature of the crime is heavy in light of the risk of the crime.

In addition, the defendant.

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