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(영문) 대전지방법원 서산지원 2014.01.09 2013고단646
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

1. Defendant A

(a) The defendant shall be punished by imprisonment with prison labor for one and half years;

(b)Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

Defendant

A listened to the words that D assaulted Defendant B before the towing, and 5 million won or more was delivered as agreed money, and read Defendant B by confirming the background and delivery of Defendant B.

1. Defendant A, on May 30, 2013, intended the victim B (the 28-year-old age) to “bh” at a F cafeteria located in Seosan-si, Seosan-si on May 30, 2013, he is a dangerous object that was on the table.

He saw Byung as his hand, and saw his flabbage with his left hand.

Accordingly, the injured party was able to catch the Defendant’s breath with the breath hand as above.

Sickly, the victim's left part of the victim B's head was turned into one time.

In this regard, the Defendant inflicted bodily injury on the victim, such as cerebral cerebral le, in which there is no open room for treatment for about two weeks.

2. Defendant B is the victim A (the age of 29) dead at the time and place specified in paragraph (1).

병으로 피해자의 머리를 내리치자 화가 나 피해자의 멱살을 잡아 바닥에 넘어지게 한 다음 발로 피해자의 얼굴 부분을 1회 걷어찼다.

In this regard, the defendant suffered injury to the victim, such as inside and outside the left-hand side of the 10-day medical treatment as well as the side straw, etc.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each photograph;

1. Application of Acts and subordinate statutes of each injury diagnosis letter;

1. Article 3 (1) and Article 2 (1) 3 of the Punishment of Violences, etc. Act and Article 257 (1) of the Criminal Act are applicable to the defendant who committed a crime and whose sentence is selected;

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

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

1. It is so decided as per Disposition on the grounds of not less than Article 62(1) of the Criminal Act (the fact that the agreement is reached, the error is recognized and reflected, and the circumstances of violence, previous conviction, etc. are considered) of the suspended execution

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