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(영문) 인천지방법원 부천지원 2013.08.07 2013고단969

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

A defendant shall be punished by imprisonment for two years.

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 November 17, 2011, the Defendant: (a) around 00:50, at the “D” accommodation in Kimpo-si, Kimpo-si, Kimpo-si, Da 402, on the ground that the victim E (the age of 41) was aware of the Defendant by refusing the Defendant’s solicitation; (b) shouldered the fluor’s disease, which is a dangerous object in front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the back of the victim; and (c) took the victim’s neck from the back to the back of the victim; and (d) placed the fluor’s disease broken by another hand on the victim’s face, fluor, and fluor, and

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of E and F;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes to photographs of damaged areas;

1. Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act concerning a crime;

1. Reduction in light of Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation (the extent of damage is severe, the escape after the crime is committed, the substantial damage recovery is an aggravated element or a contingent crime, the victim expresses his/her intention not to punish the defendant in a serious reflective manner, such as the payment of medical expenses prescribed at late or late, and the fact that he/she has no same kind of force as imprisonment or heavier punishment);

1. Article 62 (1) of the Criminal Act on the suspension of execution;

1. Probation and community service order under Article 62-2 of the Criminal Act;