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(영문) 인천지방법원 부천지원 2013.09.13 2013고단532

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 December 13, 2012, the Defendant: (a) around 06:30 on December 13, 2012, the D party room located in Seocheon-gu, Seocheon-si C2; (b) the victim E (the age of 32) and the victim’s daily activities, who opened the entrance door of the party room, opened the party room and sent the victim out of the party room.

The defendant's escape from this point of view is following the victim's escape, and the victim's head head was flicked one time as the dangerous object, and the victim's body was pushed down, and the victim's body was pushed down in the stairs.

As a result, the Defendant inflicted bodily injury on the victim, such as the two-time treatment for about three weeks.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness F and E;

1. Application of the Acts and subordinate statutes on the certificate of injury (E) and photographs of damaged parts;

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. Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation (all circumstances, such as the fact that the defendant partially denies the crime, but the victim does not want the punishment of the defendant by mutual consent with the victim, and that the defendant is the initial offender);

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary Mitigation);