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(영문) 인천지방법원 부천지원 2015.02.12 2011고단1895

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

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

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 17, 2011, the Defendant: (a) around 23:10, the victim D (the 50-year-old age), which was operated by the victim D (the 50-year-old), was the victim D (the 55-year-old-old customer) who was seated on the Defendant’s seat; (b) caused the victim F (the 55-year-old customer) to have a complaint against the victim D, who was seated on the Defendant’s seat; and (c) took a look at the beer’s body; (d) prevented the victim D from killing the f’s blick, which was a dangerous object on the customer’s seat; and (e) continuously cut back the victim F’s back head on one occasion with the said beer’s back disease; and (e) opened each part of the flick number of days during which the victim could not know the number of days for treatment; and (e) opened the flick number of days during which the victim could not know.

Summary of Evidence

1. Statement by the defendant in court;

1. An interrogation protocol of F by prosecution;

1. Application of Acts and subordinate statutes on written statements by prosecution concerning D;

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

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

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

1. It is so decided as per Disposition on the grounds of not less than Article 62(1) of the Criminal Act (including the absence of criminal records against the defendant, and the agreement between the victims, etc.);