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(영문) 수원지방법원 2013.05.22 2012고단5529
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

Defendant

A and B shall be punished by imprisonment with prison labor for two years, and by imprisonment with prison labor for one and half years.

except that from the date of this judgment.

Reasons

Punishment of the crime

1. From October 16, 2012, Defendant A and Defendant B found the “G” where the injured party C(56 years of age) in Suwon-si F was working in Suwon-si on October 16, 2012. Defendant A and Defendant B found that the injured party C(56 years of age) was not in good appraisal with the ordinary injured party, and Defendant A had the victim’s head and part of the victim’s head and part of drinking and shot shot light on the ground that it was not good for appraisal with the ordinary injured party. Defendant B jointly collected the pipe, which is a dangerous thing in that place, and the parts of the victim, etc. were two times more.

As a result, the Defendants conspired in collusion and carried dangerous objects with the victim, thereby causing injury to the victim, such as cerebral sye, which requires medical treatment for about three weeks.

2. Defendant C, at the time and place described in paragraph (1), deducted the hack pipe, which is a dangerous object cited B, from the victim A (50 years of age) and the victim B (55 years of age), and subsequently, Defendant C driven away from the above hacker and hacker caused twice the hacker’s head and hacker by the pipe.

In this respect, the defendant carried dangerous articles and put A the head of the minor head in the treatment days.

Summary of Evidence

1. Defendant A and B’s legal statement, Defendant C’s partial legal statement

1. A witness and part of the court statement (as to the defendant C), the police suspect examination protocol against the defendant A (as to the defendant C, 3 to 43 pages of the investigation record);

1. A written diagnosis of injury;

1. Application of the Acts and subordinate statutes to a investigative report (as to the attachment ofCCTV data and a photograph by cutting down a course);

1. A and B of the pertinent legal provisions pertaining to criminal facts: Articles 3(1) and 2(1)3 of the Punishment of Violences, etc. Act, Article 257(1) of the Criminal Act, Article 30 of the Criminal Act: Articles 3(1) and 2(1)3 of the Punishment of Violences, etc. Act, Article 257(1) of the Criminal Act;

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

1. As to the Defendant C’s assertion of Article 62(1) of the Criminal Act of the suspended execution, the Defendant C asserts that he was only aware of the assault by the Defendant A, and that there was no assault by the Defendant A, such as the facts charged.

Defendant

A. A.

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