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(영문) 대구지방법원 상주지원 2015.06.02 2015고단168
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

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

However, as to the Defendants for three years from the date of the final judgment of this case, the Defendants are above.

Reasons

Punishment of the crime

Defendant

A and Defendant B, as a resident of the same village, had been drinking at a main point such as D, E, and F, other persons having the same kind of drinking, followed by the above other types of singing, and became a vision with them.

1. Defendant A’s summary in G around January 8, 2015, around 21:30, Hah-si around 21:30

At the main point as above, the victim E (the age of 40) and the Silverb, and the beer’s disease, which is a dangerous object on the table, was collected to the victim, and the victim was faced with the head and the shoulder of the victim, and the victim was injured by an injury such as a brain spathy and the open body of the right shoulder, which requires treatment for about 14 days.

2. Defendant B, at the time and place specified in the above paragraph (1), reported that A fights against the victim D (year 44) and the body of the victim, and, on the ground that a small-scale disease, which was a dangerous object on the table, was collected, the Defendant inflicted an injury on the victim, including two open wounds, in need of medical treatment for about 14 days, to the victim when he left the body of the victim.

Summary of Evidence

1. Defendants’ legal statement

1. Application of the police interrogation protocol of each police officer in relation to E and D;

1. The Defendants of relevant criminal facts: Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act and Article 257 (1) of the Criminal Act

1. Defendants subject to discretionary mitigation: Articles 53 and 55(1)3 of the Criminal Act

1. Defendants on probation: Article 62(1) of the Criminal Act

1. Defendants of a community service order: Reasons for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc.

1. Defendant A [Scope of Recommendation] The mitigated area (Habitual Injury, Bodi Bodi Bodi Bodily Injury) (1 year and six months to six months) of the mitigated area (1 year and six months), [Special Mitigation] of the mitigated area (1 year and six months), [Special Mitigation] of the Defendant’s no criminal punishment] of the Defendant, the Defendant did not have any record of criminal punishment; the Defendant agreed with the victim; and the Defendant’s age, character and conduct, motive, means and consequence of the crime; and other conditions of sentencing specified in the instant pleadings, such as the circumstances after the crime.

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