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(영문) 인천지방법원 부천지원 2015.09.22 2015고단2080
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)
Text

Defendant

A Imprisonment with prison labor for six months, and for one year and six months, respectively.

provided that this ruling has become final and conclusive.

Reasons

Punishment of the crime

1. At around 16:00 on June 21, 2015, Defendant A assaulted the victim B (the age of 43) who was standing in front of the Seocheon-gu Seoul Special Metropolitan City, Da 118 dong commercial building, and the victim B (the age of 43) who was standing in the middle of the chemical, due to an unforeseen cause, and the victim was living in a dispute, and the victim was able to scl the victim’s hand at his hand and her hand, and each item (the length is 120cm) which is a dangerous object in the right behind the commercial building, and scke the victim’s chest.

2. Defendant B, at the time and place indicated in the “A” clause, experienced assault from the victim A (the age of 57) at the same time and place, followed the victim by cutting off each item (120 cm in length) that is a dangerous object cited by the victim’s hand, thereby displaying it to the victim. The victim who was the back of the damage inflicted a bodily injury on the victim’s head, etc. on the part of the victim’s head, etc., cut off from the victim’s head, etc. on the part of the victim’s head, etc., and caused the victim’s injury to the victim, such as an open body

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police interrogation protocol against the Defendants

1. Statement of prosecutorial statement concerning E;

1. Each report on investigation;

1. Damage photographs of the defendant A;

1. Police seizure records and photographs of seized articles;

1. Application of Acts and subordinate statutes governing emergency department records;

1. A of the relevant criminal facts: Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act, Article 260 (1) 2 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;

1. Discretionary mitigation Defendants: Articles 53 and 55(1)3 of the Criminal Act (each of the crimes in this case is a matter of exercising the mutual violence of the Defendants, the degree of damage, the agreement among the Defendants, Defendant A’s primary crime, and Defendant B’s absence of criminal records exceeding the fine)

1. Defendants of a suspended sentence: Article 62 (1) of the Criminal Act (the two-mentioned normal consideration);

1. Confiscation Defendant B: Article 48 (1) 1 of the Criminal Act;

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