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(영문) 인천지방법원 부천지원 2013.09.13 2013고단1121

폭력행위등처벌에관한법률위반(공동재물손괴등)등

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 of the final judgment.

Reasons

Punishment of the crime

At around 02:20 on May 1, 2013, the Defendant: (a) committed an assault suitable for the telegraph by hand from the victim D (year 31) and the victim E (age 31) on the front side of the Seocheon-gu, Seocheon-si; and (b) set up against it, the Defendant, on the road, committed an injury to the head of E, the parts of the parts of the parts of the parts of the arms and the parts of the arms and the parts of the arms and the parts of D, which are dangerous things on the roadside (age 60cm in length), where the number of days of treatment cannot be known to E on one occasion; and (c) on the part of the part of the left part of the parts of the neck, the part of the neck part of which is the left part where the number of days of treatment is unknown to D

Summary of Evidence

1. Court statement of the defendant (the second court date);

1. Co-defendant D and E’s legal statement;

1. A protocol concerning the police investigation of suspect with regard to F;

1. Protocol of the police statement concerning G;

1. Application of medical certificates (E), photographs (victims and damaged parts), and photographs, respectively, by statutes;

1. Articles 3 (1) and 2 (1) 3 of the relevant Act on the Punishment of Violences, etc. against Criminal Crimes, and Article 257 (1) of the Criminal Act (the point of bodily injury while carrying a deadly weapon);

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (all circumstances, including the confession and rebuttal of the crime in this case by the defendant, the circumstances that may be considered in light of the circumstances leading to the crime in this case, the fact that there is no record of punishment for the same crime, and the fact that the defendant agreed with the victims);

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