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(영문) 수원지방법원 2014.06.20 2014고단1874
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

Defendant

A Imprisonment with prison labor for two years and for one year and six months, respectively.

provided that this ruling has become final and conclusive.

Reasons

Criminal facts

Defendant

A, the defendant B, and the victim D(the age of 46) are the workers at E construction sites, who live together in F, 301 accommodation in the period of harmony.

At around 20:40 on April 7, 2014, the Defendants, while eating in a restaurant near the accommodation of the game, became the victim and the Defendant A, who had a higher age of victim D, had a verbal dispute with the victim on the ground that he/she went against the Defendant A.

From 20:50 to 20, the Defendants moved to the above accommodation on the ground that the victim continued to be in company without being subject to death. Defendant A took the victim’s face once, and then she took the victim’s back a glaf (flafing construction equipment, length unflaf) into the victim’s left shoulder, which is a dangerous object, and Defendant B took out the glaf (30cm and 10cm in head part) into three times, which is a dangerous object in possession of the glafing machine.

As a result, the Defendants conspired to carry dangerous objects and carried them with about two weeks of medical treatment, thereby causing injury to the victim, such as the left shoulder open door.

Summary of Evidence

1. Defendants’ legal statement

1. Statement made to D by the police;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes concerning photographic images;

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

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

1. Article 62 (1) of the Criminal Act, each of the suspended execution (the defendants);

1. Probation, order to attend lectures or order to provide community service (Defendant A) under Article 62-2 of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act [the scope of recommendation] of Article 62-2 of the Social Service Order (Defendant B] The area of mitigation (one year and six months from one year to two years and six months from imprisonment), the area of mitigation (the special mitigation) [the decision of sentence] Defendant A [the decision of sentence] of punishment: two years of imprisonment, the suspension of execution, three years of probation, the order to attend a lecture, and the order to provide community service and the victim.

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