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(영문) 수원지방법원 2015.06.11 2015고단1532
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

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

However, as to the Defendants for two years from the date of the final judgment of this case, the Defendants are above.

Reasons

Punishment of the crime

1. On March 12, 2015, the Defendant: (a) around 14:45, at the “Fju” located in Ma in Ma, the victim was 37 years old; (b) while drinking alcohol together with G, the victim was her ageed and her company continued to enter the company late at the latest; and (c) the victim’s head was her body and head was fright of the victim; and (d) the victim’s face was her face with drinking and beer’s disease, and the victim’s face cannot be identified on the left head.

2. Defendant B, at the above date and at the above place, tried to have the head of a beer’s disease, and divided the head into the beer’s body, and the victim A (year 37) was exposed to the beer’s face, which was dangerous to the victim A (age 37). When the victim was taken into head due to drinking and beer’s disease, the victim’s face was hump from which the number of days of treatment cannot be known on the left face of the victim.

Summary of Evidence

[Fact 1]

1. Defendant A’s legal statement

1. A suspect interrogation protocol concerning B by the prosecution;

1. Investigation report (the investigation of the business owner of a “F store”);

1. On-site photographs (the fact of No. 2 on-board);

1. Defendant B’s legal statement

1. A suspect interrogation protocol of the prosecution;

1. Investigation report (the investigation of the business owner of a “F store”);

1. Application of statutes on site photographs;

1. The Defendants of the pertinent legal provision concerning criminal facts: Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act and Article 257 (1) of the Criminal Act

1. Discretionary mitigationO Defendants: Articles 53 and 55(1)3 of the Criminal Act;

1. Defendants of a suspended sentence: Reasons for sentencing under Article 62(1) of the Criminal Act

1. A person who is not subject to special mitigation in the mitigated area (one year and six months to two months) of Class I (Special Bodily Injury) within the scope of recommendations made in the sentencing guidelines (the defendants) and the amount of special mitigation in the sentencing guidelines;

2. Determination of sentence does not want punishment for each other by mutual consent, and considering the fact that the commission of the crime is recognized, and that there is no domestic criminal power, etc.

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