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(영문) 인천지방법원 2014.11.26 2014고단6118

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 31, 2014, around 21:20 on May 31, 2014, the Defendant used plastic bars (the total length: 35cm, 3.5cm) and excessive (the total length: 20cm, 10cm: 10cm: 10cm) to put the victim D (the 15-year-old age) into a fluorcing victim E (the 15-year-old age-). The Defendant stated that “the fluor is the same as the fluor of a large number of withdrawals,” and that “the fluor of a large number of withdrawals,” which are dangerous articles in his house.

After the defendant threatened the victim D with excessive treatment under the item of the victim D, the defendant took the victim's face at one time with plastic sealing, and led the victim D to the face of the victim for about two weeks of treatment.

Since then, the defendant went to go to the F convenience store near his wife.

In addition to the victim E, the head of the victim E was satisfying with plastic straw and drinking, and the victim continued to satisfying for approximately two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each police protocol of statement about D, E, and G;

1. Plastics and plastic wing photographs;

1. Photographs of each damaged part;

1. Application of the Acts and subordinate statutes to photographs by capturing the video;

1. Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act concerning facts constituting an offense, and 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. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 53 or 55 (1) 3);

1. Article 62 (1) of the Criminal Act (including the fact that all victims have agreed to suspend execution);

1. The defendant's defense counsel's assertion about the defendant's defense counsel under Article 62-2 of the Criminal Act (including a majority of criminal records of violence) is that at the time of the crime of this case, the defendant was in a state of mental disorder or mental disorder under the influence of alcohol.