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(영문) 인천지방법원 2014.11.26 2014고단6031

폭력행위등처벌에관한법률위반(공동상해)등

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Defendants shall be punished by imprisonment for eight months.

However, from the date of the conclusion of the judgment, each of the above two years against the Defendants.

Reasons

Punishment of the crime

1. Defendants in violation of the Punishment of Violences, etc. Act (joint injury) jointly carried out the following: (a) around 00:05 on April 30, 201, on the grounds that the victim G (24 years of age) faced with Defendant A’s shoulder and part of the victim’s shoulder at the F convenience store located in Bupyeong-gu Incheon, Bupyeong-gu, Incheon, and took a bath; (b) Defendant A 1 took the floor of the victim’s hand at one time; and (c) Defendant B put the victim into the floor of the victim’s head knife and put the victim over the floor of the victim’s head knife and put the victim into the light 21 days in need of medical treatment.

2. Defendants in violation of the Punishment of Violences, etc. Act (joint destruction and damage, etc.) jointly committed, around April 30, 2014, at F convenience stores, Defendant A, who attempted to report the victim G who was assaulted by the Defendants to the police to the mobile phone from the said F convenience store, was able to cut his/her cell phone to B, and Defendant B concealed his/her market price at approximately KRW 880,000,000 in the market price owned by the victims in a manner that left the convenience store with a dry cell phone.

3. On April 30, 2014, at around 00:07, the suspects conspired to engage in the business of the victim H, who is an employee of the above convenience store, by making the said convenience store wear the guests who were on the said convenience store as described in paragraphs 1 and 2 at the above F convenience store.

Summary of Evidence

1. Each legal statement of the Defendants (as of the second trial date)

1. Each police statement of G and H;

1. A written diagnosis of injury;

1. Application of the Acts and subordinate statutes governing CCTV images;

1. Relevant Article 2 (2) and (1) 3 of the Punishment of Violences, etc. Act, Article 257 (1) of the Criminal Act (the point of injury), Article 2 (2) and (1) 1 of the Punishment of Violences, etc. Act, Article 366 of the Criminal Act, Articles 314 (1) and 30 of the Criminal Act, and Articles 30 of the Criminal Act: The defendants shall be punished by imprisonment with prison labor;

1. Of concurrent crimes, the former part of Article 37, and Articles 38 (1) 2 and 50 of the Criminal Act;

1. The Defendants under Article 62(1) of the Criminal Act of the suspended execution confessions all of the instant crimes and make their own confessions.