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(영문) 인천지방법원 부천지원 2014.11.13 2014고단2068

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

A defendant shall be punished by imprisonment for a term of one year and eight 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

At around 11:00 on June 8, 2014, the Defendant: (a) discovered that the victim D (n, 23 years of age) who drinks alcohol with the victim’s mobile phone in the victim’s cell phone in order to contact with another male; (b) found the victim’s head, face, and line with the victim’s cell phone; (c) taken time off the victim’s head, face, and line with the victim’s cell phone; (d) walking the victim’s flick in a number of times; (e) cosmetic, which is a dangerous thing at the victim’s seat, walking the victim’s flick; (e) cosmetic (19.5cm in total; 9cm in length), which is a dangerous thing at the victim’s seat, was injured by the number of days of diagnosis.

On June 23, 2014, the Defendant: (a) around 10:20 on June 23, 2014, the Defendant: (b) sent text messages to another male and the victim at the residence of the victim D (n, 23 years of age) located in Seocheon-gu, Seocheon-si; (c) cut the front head of the victim; (d) was on the front floor of the cosmetic, which is a dangerous object; and (e) was on the part of the victim; and (e) the said cosmetic turned out about 3 centimeters of the victim’s left upper arms, while the said cosmetic turned out about 3 centimeters of the victim’s face, face, and bridge continued to be taken by drinking and drinking.

As a result, the Defendant carried dangerous things and inflicted bodily injury upon the left side part of the Defendant, where it is difficult to know the days of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of police suspect regarding D;

1. Statement made to D by the police;

1. Each investigation report, application of each photographic statute;

1. Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act concerning facts constituting an offense, and Article 257 (1) of the Criminal Act;

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

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (the same shall apply to reasons for discretionary mitigation);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The scope of recommendations;