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(영문) 인천지방법원 2014.07.03 2014고단3414

폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

[Criminal Power] On June 3, 2013, the Defendant was sentenced to eight months of imprisonment with prison labor for obstruction of performance of official duties, etc. at the Seoul Central District Court on January 5, 2014.

【Criminal Facts】

On February 25, 2014, at around 01:25, the Defendant: (a) had a beer’s disease, which is an object dangerous to the victim E (nives, age 36) that was singing at a stage in the “Ddan” located in Bupyeong-gu Incheon, Bupyeong-gu, Incheon; and (b) had the left part of the victim’s head.

In this respect, the defendant carried dangerous objects and assaulted the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. A report on investigation;

1. Previous records of judgment: Application of Acts and subordinate statutes to criminal records, etc. inquiry reports, personal identification and confinement status, investigation reports, etc.;

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning the crime concerned, Article 260 (1) of the Criminal Act;

1. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act for aggravated repeated crimes;

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