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(영문) 수원지방법원 안산지원 2013.04.26 2012고단1866
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등
Text

Defendant

A Imprisonment with prison labor of one year and six months, and Defendant C shall be punished by imprisonment with prison labor of eight months.

except that from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. At around 16:45 on August 5, 2012, Defendant A and the Defendant talked with the victim C (the age of 45) who was a company partner, which was not in good relationship with each other, within the “Kju shop” located in the Dong-gu, Ansan-si, Ansan-si, Sinsan-si, and went to the end of a cover of dangerous articles on the table (the total length of 22.5cm, the daily length of 12 cm) that was located on the table, and then was sleeped, and carried out physical fighting with the victim B (the age of 45) who was at the end of the knife and the body part of the knife, and put the knife on the right side, which requires approximately 2 weeks medical treatment.

2. Defendant C, along with Defendant B, set up a defense for the foregoing reasons at the above time, at the above time, and at the same place, followed by drinking and saliva of the victim A (age 44). The victim escaped out of the place, and followed the victim’s face and body from drinking and saliva, followed by drinking and saliva, followed by the victim, and followed the victim to walk at around six weeks, thereby cutting off the cry of cryp, etc. which requires approximately six weeks of treatment.

Accordingly, the defendant, together with the defendant B, injured the victim.

Summary of Evidence

1. Defendants’ respective legal statements

1. Legal statement of witness B and C;

1. Each police statement of L/M;

1. Police seizure records;

1. Each injury diagnosis letter;

1. Application of the reference photographic statute

1. Article 3 (1) and Article 2 (1) 3 of the Punishment of Violences, etc. Act, Article 257 (1) of the Criminal Act, Article 3 (1) and Article 2 (1) 1 of the Punishment of Violences, etc. Act, Article 260 (1) of the Criminal Act (the occupation of assault with a deadly weapon), Article 260 (1) of the Criminal Act (the occupation of assault with a deadly weapon), Defendant C: Article 2 (2) and (1) 3 of the Punishment of Violences, etc. Act, Article 257 of the Criminal Act (the occupation of joint injury and the choice of imprisonment);

1. Defendant A from among concurrent crimes: the former part of Article 37, and Articles 38 (1) 2 and 50 of the Criminal Act (within the scope of combined long-term punishments);

1. Defendant A with discretionary mitigation: Articles 53 and 55 of the Criminal Act.

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