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(영문) 서울중앙지방법원 2014.03.20 2013고단5544
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

Defendant

A Imprisonment with prison labor of one year and six months, and Defendant B shall be punished by imprisonment with prison labor of ten months.

prior to the pronouncement of this judgment.

Reasons

Punishment of the crime

1. On August 6, 2013, around 02:40 on August 6, 2013, Defendant A committed assault, such as: (a) the head of the said victim’s head was cut back once with the glass World Cup in which the victim B (Nam, 40 years old) and the business-related issues were laid down; and (b) the face of the said B was cut back with drinking and hand-on.

As a result, the defendant suffered injury to the above victim by using the competitive cups, which are dangerous goods, such as subfluorcing the right-hand side and cutting away from the left-hand side of the 28 days.

2. Defendant B committed assault, at the time, and at the place specified in paragraph (1), the victim A (Nam, 41) committed assault, such as selling the victim’s face, body body, and so on, the victim’s face and body.

As a result, the defendant suffered injury to the above victim, such as brain saryk-sary and saryk-sary in need of treatment for about six weeks.

Summary of Evidence

1. Defendants’ respective statements in the first and second trial records;

1. Each police interrogation protocol against the Defendants

1. The police statement concerning G;

1. A photographs of parts of the damage;

1. The application of Acts and subordinate statutes, such as a medical certificate, a medical certificate of injury, and a written opinion (Evidence List No. 10 through 17);

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Defendant A: Articles 3(1) and 2(1)3 of the Punishment of Violences, etc. Act and Article 257(1)3 of the Criminal Act

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

1. Discretionary mitigation (Defendant A) Articles 53 and 55 (1) 3 of the Criminal Act;

1. Article 57 of the Criminal Act including days of pre-trial detention (Defendant B);

1. Article 62 (1) of the Criminal Act:

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. Defendant A [Determination of Type of Punishment] In the event of habitual injury, repeated injury, special injury [Special Convicted Person] - In the event that the elements of mitigation are punished (including serious efforts to recover damage) or considerable damage was restored to a certain part (determination of the recommended area] mitigated area [the range of recommending punishment] 1 and 6 months] mitigated area.

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