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(영문) 수원지방법원 성남지원 2015.11.26 2015고단880
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

1. Defendant A shall be punished by imprisonment with prison labor for a year and six months, and a fine of two million won for Defendant B;

2. Defendant B is subject to the above fine.

Reasons

Punishment of the crime

1. On March 16, 2015, Defendant A: (a) around 00:18, in G located in Gwangju-si, the victim B and the trial expenses were disputed; (b) the victim was laid down in front of the Hart in the same Ri, which is a dangerous object depending on the victim; and (c) the victim’s head was laid down, and the victim’s head was laid down for about four weeks, thereby requiring approximately four weeks of treatment.

2. Defendant B, as stated in paragraph (1) at the time, at the place and time as indicated in paragraph (1), was assaulted by the victim A during the dispute with the victim during a trial with the victim, and the victim was satisfed with flab by satching the bat of the victim’s satch, and satisfing the victim’s face when satisfing the victim’s face, thereby causing injury to the victim, such as an unknown brain satch for about four weeks.

Summary of Evidence

Defendant

A

1. Each legal statement of the defendant A and witness I;

2. Police suspect interrogation protocol concerning B (including attached medical certificate of injury);

3. Defendant B of the police seizure record;

1. Defendant B’s partial statement

2. A witness and I's legal statement;

3. On-site photographs and investigation reports (related to submission of a written diagnosis of injury of a suspect) (the defendant B is merely a defense against the assault of a person who uses ropolym and exercises violence. However, upon considering the above evidence, the defendant's act of attack goes beyond legitimate defense and sufficiently recognizes the fact of assaulting the victim as an intent of attack. Thus, the above assertion is without merit).

1. Defendant A of the relevant criminal facts: Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act, and Article 257 (1) 2 of the Criminal Act: Article 257 (1) of the Criminal Act (elective of fines);

2. Defendant B of detention in a workhouse: Reasons for sentencing under Articles 70 (1) and 69 (2) of the Criminal Act.

1. In light of the fact that Defendant A’s injury is relatively heavy, the victim still wanted to punish the Defendant, and the records of punishment for the same kind of violent crime are several times.

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