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(영문) 서울중앙지방법원 2015.01.06 2014고단5735
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

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

However, the above punishment shall be executed against the Defendants for two years.

Reasons

Punishment of the crime

On April 13, 2014, at around 03:10, the Defendants were in front of the “Fju” store located in Gangnam-gu Seoul Metropolitan Government E, and were in action and trial of the victim G (32 years of age) and H (36 years of age), and the Defendant C took the face of the above H due to drinking, and Defendant C took care of the face of the above H, and the Defendants went together with the Defendants, and the Defendants took time off the body of H’s body by drinking and launching. Defendant A took care of the head’s body, which is a dangerous object, and the Defendants took care of the head’s body again.

As a result, the Defendants carried dangerous articles jointly and carried about about 21 days to the victim G, and the victim H had a face-to-face and a face-to-face in need of treatment for about 21 days, respectively.

Summary of Evidence

1. Defendants’ legal statement

1. Witness I;

1. Each police interrogation protocol of G and H:

1. A written statement prepared by the I;

1. Application of the Acts and subordinate statutes to each suspect's photographs (number 1, 3), two-way photographs, and each injury diagnosis report;

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

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the Criminal Act among concurrent crimes;

1. Discretionary mitigation (Discretionary mitigation) Articles 53 and 55(1)3 of the Criminal Act (Chocks, etc. favorable to the Defendants as seen below)

1. Suspension of execution (the defendants) Article 62(1) of the Criminal Act, Article 60(3) of the Juvenile Act (the conditions favorable to the defendants, etc. as seen below);

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

(a) Type 1 (Habitual Injury, Bodi Bodily Injury and Special Injury) (Special Bodily Injury) (Aggravated Injury, Habitual Injury, Cumulative Bodily Injury) (Aggravated Injury) - In cases where the victims of mitigation elements are fully responsible for the occurrence of crimes or the expansion of damage, no penalty shall be imposed [a decision in the area of recommendation] [a decision in the area of recommendation] special mitigation [a decision in the area of recommendation] September to June;

(b) crime 2.

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