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(영문) 인천지방법원 2013.11.21 2013고단7049

폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등

Text

A defendant shall be punished by imprisonment for 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

On October 3, 2013, at around 04:35, the Defendant d (25 years of age, n, 26 years of age, n) and the Fjuk store operated by the victim E (V) together with the victim E (V) sent a beer, which is an object dangerous to the victim, on the ground that the service of the victim D was not in mind. On the other hand, the victim E reported the Defendant to the police, and the victim E did assaulted the beer World Cup, which is an object dangerous to the victim, and at the same time did damage the victim’s market price owned by the victim, the sum of 1450,000 won of the display glass and the three diseases of two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement of D and E;

1. Application of statutes on photographs of damage;

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning facts constituting an offense, Article 260 (1) of the Criminal Act (the occupation of violence against carrying dangerous articles), Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act, Article 366 of the Criminal Act (the occupation of carrying and damaging dangerous articles);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

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

1. Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation (i.e., the confession of a crime by the defendant, the mistake is divided, the agreement with the victims was reached, the occurrence of the instant crime was contingent, and the degree of damage by the victims is relatively minor);

1. Article 62 (1) of the Criminal Act on the suspension of execution (presumed consideration in the preceding);