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(영문) 인천지방법원 2013.03.19 2012고단10950

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, 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

Defendant

A, C, and victim D were hospitalized in Gyeyang-gu Incheon E Hospital and living in the same sick room.

피고인은 2012. 6. 15. 12:25경 인천 계양구 F편의점 앞 노상에서, 피해자 D(42세)이 서로 다른 병실에서 생활을 하자는 말을 했다는 이유로 시비가 되어, 주먹으로 피해자의 얼굴을 수회 때리고, 위험한 물건인 빈 소주병을 집어 들어 머리 부위를 1회 내리치고, C은 이에 가세하여 손바닥으로 D의 얼굴을 4회 때리고, 발로 가슴 부위를 3회 걷어찼다.

As a result, the victim suffered a check on the right side and the right side side.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol concerning suspect interrogation of C;

1. Statement of D police statement;

1. Each photograph (the defendant and his defense counsel asserted that the defendant was in a state of mental disability under the influence of alcohol at the time of the crime in this case, and therefore, according to the records, it is acknowledged that the defendant had drinking prior to the crime in this case, but in light of various circumstances, such as the circumstances leading to the crime in this case, the method and method of the crime in this case, and the defendant's behavior before and after the crime in this case, it does not seem that the defendant had the ability to discern things or make decisions under the influence of alcohol at the time of the crime in this case, and therefore, the defendant

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. A criminal record of imprisonment with prison labor in 1996, which appears to be a confession of a criminal defendant under Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation, and that the criminal defendant is presumed to have committed a crime, and that the criminal defendant does not want the punishment of the criminal defendant.