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(영문) 수원지방법원 평택지원 2014.03.06 2013고단845
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

O) Defendant A shall be punished by imprisonment with prison labor for a period of one year and six months.

However, the above punishment shall be imposed for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On February 10, 2013, Defendant A, and Defendant B shared, Defendant A and Defendant B jointly ordered the victim E (the second floor of the F building in Yeongdeungpo-gu Seoul Metropolitan Government) to take a large amount of hydrogen in the 2nd floor of the F building in Yeongdeungpo-gu, Seoul. Defendant A jointly put the victim’s head into a beer disease, which is a dangerous object, and Defendant B put about approximately 15 days of face heat, etc. in order for the victim to take two times of the head of the victim’s head into consideration.

As a result, the Defendants jointly carried dangerous objects and inflicted injury on the victims.

2. Defendant E suffered from assault as set forth in paragraph (1) at the time and place set forth in paragraph (1), and caused injury to the victim’s head and face by beer disease, which is a dangerous object in the air conditioners, due to which the victim’s head and face can teared.

Summary of Evidence

O Defendant A, B

1. Defendants’ legal statement

1. A protocol concerning the examination of the accused by the prosecution (including E statements);

1. Statement of police statement of E and H;

1. A written diagnosis of injury;

1. O defendant E, such as site photographs;

1. A witness and I's legal statement;

1. Protocol concerning the examination of suspect A by the prosecution;

1. A protocol concerning the examination of suspect of a police officer;

1. A protocol concerning the examination of suspect to J;

1. A and B of the application of statutes, such as site photographs;

1. Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act concerning facts constituting an offense, Articles 257 (1) and 30 of the Criminal Act;

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

1. The defendant E under Article 62 (1) of the Criminal Act;

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;

1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of mental disorders;

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

1. Eight months of imprisonment to be suspended;

1. Article 59(1) of the Criminal Act of the suspended sentence

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