beta
(영문) 인천지방법원 2014.09.26 2014고단3708

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등

Text

Defendant

A Imprisonment for two years, and Defendant B shall be punished by a fine of 1,000,000.

Defendant

B does not pay the above fine.

Reasons

Punishment of the crime

[2014 Highest 3708]

1. On May 16, 2014, at around 09:00, Defendant A reported that the victim F (the age of 48) did a dispute with B in front of the E convenience store located in Jung-gu Incheon, Jung-gu, Incheon, with the Defendant’s petence, and collected a brick (the 20cm amount) which is a dangerous object located on the floor at which the victim’s head was located, and caused the victim’s head to the part of his head in the number of days of treatment.

2. Defendant B jointly with Defendant A, when and at the date and place specified in the preceding paragraph, A took the victim as specified in the preceding paragraph, and assaulted the victim by taking the victim’s her hand twice by her hand.

[2014 Highest 4899] On May 9, 2014, Defendant A called “10,000 won or more to see so doing” from G in the Jung-gu Incheon Jung-gu, Jung-gu, Incheon, Jung-gu, 25-4, while hearing the horses that “no money exists” from G and wing, Defendant A was removed from the victim H(46 years of age). Defendant C her flicked the flat of the victim’s flat to the bottom, she blicked the victim’s left hand and plucked the victim by plucking the victim’s hand.

Summary of Evidence

[2014 Highest 3708]

1. Each legal statement of the Defendants (as to the Defendant B on the fourth trial date)

1. The police statement concerning F;

1. Walls photographs used for committing a crime, and photographs front and rear of theF face (2014 high-class 4899);

1. Defendant's legal statement;

1. Application of the police statement law to H

1. Article relevant to the facts constituting an offense and the selection of punishment;

A. Defendant A: Articles 3(1) and 2(1)3 of the Punishment of Violences, etc. Act, Article 257(1) of the Criminal Act (the point of injury by carrying a deadly weapon), Article 260(1) of the Criminal Act (the point of violence), the choice of imprisonment with prison labor

B. Defendant B: Article 2(2) and (1)1 of the Punishment of Violences, etc. Act, Article 260(1) of the Criminal Act (the point of joint assault), the selection of a fine

1. Defendant A from among concurrent crimes: the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Discretionary mitigation;