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(영문) 인천지방법원 2016.04.27 2015고단8477

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

Defendants shall be punished by imprisonment for six months.

However, each of the above defendants is against the defendants for a period of one year from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On November 28, 2015, around 04:00, Defendant A drinks with the victim B(30 years of age) at the Defendant’s home located in Seo-gu Incheon, Seo-dong 301, Seo-gu, Seo-gu, Incheon, and Defendant A dump “I dump dume and hume I hume I humb, and hume I hum.

In the phrase, "the head of the victim is faced with the head of the bed by cutting off the head of the victim's hair, and the face is 2 to 3 prudented with the hand floor and the shoulder is cut over the floor of the room, the victim's body is taken over, and the victim's face is taken over on a hand, and the victim's body is taken over, and the knife (30cm in length, 18cm in knife length) is a dangerous object in the bed, and the knife is discarded.

“In the end, the knife knife knife knife knife knife knife knife and knife knife kn

2. 피고인 B 피고인은 제 1 항 일시, 장소에서 위와 같은 이유로 시비가 되어 주먹으로 피해자 A(36 세) 의 얼굴을 수회 때리고, 발로 피해자의 허벅지를 걷어차고, 싱크대에 있던 프라이팬으로 피해자의 머리를 수회 때려 약 3 주간의 치료가 필요한 머리 부분의 타박상, 귓바퀴의 열린 상처 등을 가하였다.

Summary of Evidence

[Defendant A]

1. Defendant A’s legal statement

1. A protocol concerning the examination of suspect against the defendant B;

1. Police seizure records;

1. Each injury diagnosis report and each photograph [Defendant B]

1. A legal statement of a witness;

1. A protocol concerning the examination of suspect of the defendant A;

1. Application of an injury diagnosis certificate, each photographic statute;

1. Relevant legal provisions concerning criminal facts;

A. Articles 258-2(1) and 257(1) of the Criminal Act of Defendant A

B. Article 257(1) of the Criminal Act of Defendant B (Optional to imprisonment)

1. Reduction of volume (Defendant A) Articles 53 and 55(1)3 (Article 55(1)3 (Article 53 and 55(1)3) of the Criminal Act;

1. Article 62(1) of the Criminal Act (see, e.g., Supreme Court Decision 201Da1448, Apr. 1, 201)

1. Confiscation (Defendant A) Article 48(1)1 of the Criminal Act;