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(영문) 서울중앙지방법원 2013.12.12 2013고단7021
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

Around 06:00 on August 10, 2012, the Defendant, C, and D refused a request from the victim G (the 32 years of age) who is an employee in Gangnam-gu Seoul, to reduce the drinking value within 310 entertainment taverns in Gangnam-gu, Seoul, for the reason that he refused a request from the victim G (the 32 years of age) to reduce the drinking value, the face part of the victim G is taken once again and the Defendant sent back the head of the victim G to the beer’s disease, and the victim H (the 28 years of age) who is an employee of the victim H (the 28 years of age) displayed the Defendant a beer’s disease toward the victim H.

After that, the defendant, C, and D moved to the victim's first floor, D's face on drinking once, C's eye on hand, C's eye on the victim's G once due to fingers, and the defendant left the back head of the victim's G one time by a coffee which was on the part of the victim's direction.

As a result, in collusion with C and D, the Defendant carried with C and D coffees, which are dangerous objects, and carried them with the victim G, the victim G, including the unsatisfy in the number of treatment days, and the victim H expressed the unsatisfy side on the left side of the treatment days.

Summary of Evidence

1. Partial statement of the defendant;

1. Examination of suspect suspect regarding D by the prosecution;

1. Each police interrogation protocol against G, D, or C;

1. The police statement of H;

1. G statements;

1. G and H’s photographs (the Defendant asserted that the victim G was the head of the victim G and the victim H was not his/her own person. However, according to the victim’s consent from the police first investigation to the prosecution investigation and the consistent statement from the victim and his/her accomplices, it can be sufficiently recognized that the victim was the defendant, not the person who used the above violence, due to the beer’s disease, and the above assertion is not the defendant. Thus, the above assertion is rejected).

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. The former part of Article 37 of the Criminal Code among concurrent crimes.

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