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(영문) 인천지방법원 2016.02.04 2015고단7002

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

Defendants shall be punished by imprisonment for ten months.

However, as to the Defendants, the two-year period from the date of this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On October 17, 2015, the Defendant: (a) around 13:10 on October 17, 2015, 142 Do-ro 142, Nam-gu, Incheon, Nam-gu, and 22-18, Do-ro, the Defendant her drinking alcohol from the victim B (46 Do-do).

If you were to drink, it is why we can easily enter.

“A water pipe (14 cm in length, 2 cm in diameter, 14 cm in diameter, 2 cm in evidence 1) was collected, which is a dangerous object that was located far away from the floor where the horses were heard, and the victim’s left head part of the victim’s left head was cut once, and the victim was “heat” on the number of days for treatment.

2. The Defendant, at the time, at the place specified in paragraph (1) B, was assaulted by the victim A (46 years) at the time, and at the place specified in paragraph (1), followed the water pipe indicated in paragraph (1), which was a dangerous object cited by him, one time to cut off the upper part of the victim’s head, and caused “heat” in the number of days of treatment.

Summary of Evidence

1. Defendants’ respective legal statements

1. A protocol of seizure and a list of seizure;

1. Application of Acts and subordinate statutes to photographs (A, B head page);

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the said Act (The following extenuating circumstances shall be considered among the grounds for sentencing);

1. Article 62 (1) of the Criminal Act for the suspension of execution (The following consideration shall be made repeatedly for the reasons for sentencing);

1. Confiscation Defendant B: (a) the Defendants, who had maintained a friendly relationship for about 40 years, committed the instant crime in a somewhat contingent manner; (b) the Defendants, who had agreed with each other as the Defendant and the victim, did not have the same force in the case of Defendant A; (c) the Defendants, who had been punished four times by a fine (including four times of violence) in the case of Defendant B, recognized the commission of the crime; (d) the degree of damage; (c) the degree of damage; (d) the Defendants’ age, sexual conduct, environment; (d) the motive and background leading to the instant crime; and (e) the circumstances after the instant crime, etc. shall be determined as ordered by taking into account the following factors.