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(영문) 대구지방법원 포항지원 2014.05.29 2013고단1354
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

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

However, each of the above penalties shall be imposed for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendants, around 01:50 on November 17, 2013, while drinking alcohol at the main point of the Nam-gu E’F located in the Nam-gu E at the port, Defendant A was faced with the victim G (24 years old) and the shoulder at the toilet at that place, and the Defendants were dissatisfied with the dispute.

Defendant

Defendant B, the one of the parties A, added thereto, took the face of the victim H(24 years of age) at one time as drinking and took the head of the victim I(24 years of age) at one time as drinking.

Accordingly, G is taken one time by drinking the face of Defendant B, and Defendant B took the face of the victim D(24 years of age) at one time by using a scam, which is a dangerous object on his customer, and Defendant B took the face of the victim D(24 years of age) at the same location. Defendant A collected plastic port, etc. in his area and the scam of the scam, which is a dangerous object, toward the victim G’s face, and scamed two times by hand by the victim I.

As a result, the Defendants jointly carried dangerous objects with the victim G, put about about 14 days of the face to the victim G in need of medical treatment, put about about 14 days of the face to the victim D in need of medical treatment, and inflict damage on the victim H in need of medical treatment for about 14 days, and assaulted the victim I.

Summary of Evidence

1. Defendants’ respective legal statements

1. Protocol concerning the examination of suspect of G;

1. Each police statement made to D, I, and H;

1. Application of Acts and subordinate statutes of each injury diagnosis certificate (investigative record 19,22,23 pages);

1. Article 3 (1) and Article 2 (1) 3 of the Punishment of Violences, etc. Act, Article 257 (1) of the Criminal Act, Article 2 (2) and Article 2 (1) 1 of the Punishment of Violences, etc. Act, Article 260 (1) of the Criminal Act, Article 2 (2) and Article 2 (1) 3 of the Punishment of Violences, etc. Act, Article 2 (1) of the Punishment of Violences, etc. Act, Article 2 (2) and Article 2 (1) 3 of the Punishment of Violences, etc. Act, Article 257 (1) of the Criminal Act (the point of joint injury and the choice of imprisonment)

1. Of concurrent crimes, the former part of Article 37, and Articles 38 (1) 2 and 50 of the Criminal Act;

1. Discretionary mitigation:

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