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(영문) 인천지방법원 부천지원 2014.05.22 2014고단568

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

Reasons

Punishment of the crime

On December 10, 2013, from around 22:50 to 23:00, the Defendant removed the victim E (the victim) who is a customer in the waiting room of the 'D' entertainment drinking club employee in Bupyeong-si, Seocheon-si, Seocheon-si from around 22:50 to around 23:0, the Defendant left the waiting room of the employee, and caused the victim by his hand once her blick, and caused the victim's her blick, and the victim who followed the Defendant outside of the above main shop and temperature should calculate the victim's blick, so that he should not ask him about the number of accompanying things, which are dangerous things on the street, and caused the victim's blick, which is dangerous things on the street, and caused the victim's blick, which is a 23 cm x 6 cm away from the left part of the victim's blick, which is necessary for treatment of the victim's blick for 2 days.

Summary of Evidence

1. Defendant's legal statement;

1. An interrogation protocol of the accused by the prosecution (including the part concerning the identity of the injured party);

1. The police statement of the victim;

1. A statement prepared in F;

1. Application of the Acts and subordinate statutes to each photograph, bodily injury diagnosis report, and each investigation report;

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. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., the point that the defendant reflects on his/her gender, the point that he/she agreed with the victim (see, e.g., the written agreement that the defendant received by this court on May 15, 2014);

1. Article 62 (1) of the Criminal Act ( repeatedly considering the aforementioned circumstances);

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