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(영문) 인천지방법원 부천지원 2014.11.28 2014고단2499

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

At around 20:50 on September 16, 2014, the Defendant: (a) assaulted the victim E (53 years of age) in front of the “D” located in Kimpo-si, Gyeonggi-do, Kimpo-si; (b) assaulted the victim, on the ground that the victim E (53 years of age), was in front of the conversation, such as having been faced with the face of the victim, on the tegratator, which is a dangerous object in front of the tegrative table, and caused injury to the victim for about 14 days.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. On-site photographs;

1. A photo of the damaged part (E);

1. CCTV photographs;

1. On-site and photographs of the iron processor;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes, such as criminal records;

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decisions 201Do139, Jan. 1, 201

1. Article 62 (1) of the Criminal Act;