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(영문) 인천지방법원 2015.05.12 2014고단5078

폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)

Text

A defendant shall be punished by imprisonment for 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 May 2, 2014, at around 18:17, the Defendant: (a) brought a dispute with one another on the ground that the victim D (the age of 38) who was getting a wheelchairs from the fourth floor of the Nam-gu Incheon Metropolitan City C convalescent, was not driving on the way to himself/herself; (b) carried his/her wheelchairs to the victim; and (c) brought his/her wheelchairs to the victim.

Accordingly, the defendant assaulted the victim.

Summary of Evidence

1. A protocol concerning the police interrogation of the accused;

1. Written statements of D;

1. Application of the Act and subordinate statutes on May 26, 2014 to the investigation reporting of May 26, 2014

1. Relevant Article 260 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] Crimes of Type 1 (General Violence) (Article 4-1) (Article 62) (Article 62(1)) (Article 62(1)) (Article 62(1)) (Article 62(1)) (Article 62(1)) of the Criminal Act is likely to be a crime committed against a victim who is vulnerable to the crime (Article 62(1) (Article 62(4)) (Article 62(1) (Article 62(1)) (Article 62(1) (Article 62(1)) (Article 62(1)) (Article 62(1) of the Criminal Act