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(영문) 부산지방법원 2015.01.12 2014고단9540
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등
Text

1. Defendant A and B shall be punished by imprisonment with prison labor for up to eight months.

Provided, That for two years from the date this judgment becomes final and conclusive, the above punishment shall be imposed.

Reasons

Punishment of the crime

1. Defendant A

A. On June 1, 2013, at around 23:00, the Defendant: (a) 202 of “F” located in Sinnam-si, Gyeongnam-si; (b) on the ground that the victim B (the age of 49) who worked together with the Defendant was able to make a good speech for himself/herself; (c) the victim’s face was hicked by hand and drinking; and (d) the victim’s body was pushed down with the victim’s body and was pushed down with the victim, and carried out a string and bed with the victim for about two weeks of treatment.

B. The Defendant violated the Punishment of Violence, etc. Act (collectively weapon, etc.) committed assault against the victim by reporting the appearance of the victim B knife, which is a lethal weapon, at the time and place specified in paragraph (1) of Article 1, and by taking a beer’s disease, which is a dangerous object at that place.

2. Defendant B and C’s co-principal Defendants asserted the assault of the said victim A (the age of 40) at the time, place, etc. described in paragraph (1) of this Article against the victim’s joint criminal conduct. Defendant B took the face, etc. of the victim by drinking, carried the victim’s body by hand, carried the victim’s body by hand, and Defendant C took the victim’s face, etc. by drinking the victim’s breast on his chest, and suffered injury, such as a b8-day b8-day breath, in which the victim’s face, etc. was taken by drinking.

Accordingly, the Defendants jointly inflicted an injury on the victim as above.

3. The Defendant, at the time, at the time, and at the place specified in paragraph (1) of Article 1, adopted a knife, which is a deadly weapon in the main room, and threatened the victim A with a knife and a knife.

Summary of Evidence

1. Defendants’ legal statement

1. The police statement concerning G;

1. A H statement;

1. Application of Acts and subordinate statutes to each injury diagnosis certificate and diagnosis certificate;

1. Article applicable to criminal facts;

A. Defendant A: A uses dangerous articles under Article 257(1) of the Criminal Act (the point of injury, the choice of imprisonment), Articles 3(1) and 2(1)1 of the Punishment of Violences, etc. Act, Article 260(1) of the Criminal Act.

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