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(영문) 인천지방법원 부천지원 2015.06.26 2015고단1203

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등

Text

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

Reasons

Punishment of the crime

On April 2, 2014, the Defendant was sentenced to two years of imprisonment for a period of suspension of execution in August 2, 2014 due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Doing Vehicles) in the Incheon District Court's Branch Branch, and the said judgment became final and conclusive on April 10

1. On January 3, 2015, the Defendant violated the Punishment of Violences, etc. Act (collective violence, deadly weapons, etc.) committed violence by threatening the victim’s head on the ground of the victim E (year 41) and alcohol at the first floor D main points of the YY-gu Seoul Special Metropolitan City, Seocheon-gu, a woman-friendly group, which was not contacted by the Defendant, at around 01:50, by viewing that the female-friendly group, who did not contact with the Defendant, is drinking the victim E (year 41) and drinking, and by threateninging the victim’s head on the ground of a beer’s disease, which is a dangerous object in the table.

2. Around 17, 201:20 on March 17, 2015, the Defendant violated the Punishment of Violences, etc. Act (a collective injury by a deadly weapon, etc.) committed an injury on the part of the Defendant, at the aforementioned D main points, that the female-friendly group, while drinking and drinking alcohol, neglected the Defendant, resulting in an injury on the part of the Defendant, which was in favor of the victim F (36 years of age) requiring approximately two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to G, E, and F;

1. Each statement of H, I, and J;

1. A medical certificate;

1. Application of field photographs and photographs statutes;

1. Articles 3 (1) and 2 (1) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes; Article 260 (1) of the Criminal Act; Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act; Article 257 (1) of the Criminal Act concerning the punishment of a deadly weapon;

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

1. It is recognized that the defendant's reason for sentencing under Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation is against his/her own mistake, and that the victims do not want the punishment of the defendant.

However, the defendant.