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(영문) 인천지방법원 부천지원 2015.01.16 2014고단2650

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On June 21, 2014, at around 03:50, the Defendant: (a) expressed the victim’s desire to calculate the drinking value in the “Esing club” operated by Kimpo-si, Kimpo-si; (b) expressed the victim’s head and face; and (c) spiting the victim’s head and face in a number of times; and (d) spiting the spit of spits, thereby causing injury to the victim for approximately three weeks of treatment.

2. Violation of the Punishment of Violences, etc. Act (injury by a group, deadly weapon, etc.) was committed by the Defendant, at the above time and at the above place, in order for the victim F (27 years of age) who was a victim of D's son, who was studio, to listen to the victim's undefluence and studio, to the head of the victim when she prevented the Defendant from committing assault, thereby causing injury to the victim, such as the right side sprinking, which requires treatment for about one week by taking the victim's face into consideration.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D and F;

1. A protocol of suspect examination of G police officers;

1. On-site and photographs of damage;

1. Each injury diagnosis letter;

1. Application of Acts and subordinate statutes, such as criminal records;

1. Article 257 (1) of the Criminal Act applicable to the crime, Article 257 (1) of the same Act, Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act, Article 257 (1) of the Criminal Act concerning the crime;

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

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 201Do139, Apr. 1, 2011);

1. Article 62 (1) of the Criminal Act;

1. Social service order under Article 62-2 of the Criminal Act;