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(영문) 광주지방법원 2014.04.18 2014고단504
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

Defendants shall be punished by imprisonment for one year and six months.

However, it is against the Defendants for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On February 3, 2014, at around 12:15, the Defendants: (a) while drinking alcohol together at the Escki in Nam-gu, Nam-gu, Gwangju; (b) on the ground that Defendant B asked the victim F (56 years of age) who was drinking in the next seat, and asked the victim F (56 years of age); (c) on the ground that the victim did not respond properly; (d) Defendant A took the face of the victim on his hand; (c) Defendant B collected the beer’s disease, which is a dangerous object on his/her customer; and (d) Defendant B took one time back the head of the victim’s head from the said beer’s head; and (d) Defendant B went back the victim’s head from the said beer’s escape.

As a result, the Defendants conspired to carry dangerous objects and carried them with the victim about two weeks of medical treatment.

Summary of Evidence

1. Defendants’ respective legal statements

1. Application of the police protocol of statement to F;

1. Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act concerning the crime concerned, Article 257 (1) of the Criminal Act, Article 30 of the Criminal Act;

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

1. Article 62(1) of the Criminal Code of the Suspension of Execution (see, e.g., Supreme Court Decision 2007Do1448, Apr. 1, 2007)

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