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(영문) 인천지방법원 부천지원 2014.09.24 2014고단934
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
Text

Defendants shall be punished by a fine of KRW 2,000,000.

In the event that the Defendants did not pay the above fine, each of them is 100.

Reasons

Punishment of the crime

On December 5, 2013, at around 05:30 on December 5, 2013, the Defendants jointly carried the victim D(32 years of age) and Si expenses in front of the Seocheon-gu, Seocheon-gu, Busan, and Defendant B carried the victim's flab and the body body flab, and Defendant A carried the victim's flab with drinking flab and the body flab, and Defendant A carried the victim's flab by drinking flabing the inside part of the victim's flab, which requires treatment for about 14 days.

Summary of Evidence

1. Defendants’ respective legal statements

1. Protocol concerning the interrogation of the Defendants and D by the prosecution

1. Each police statement concerning E and F;

1. An injury diagnosis certificate (D);

1. Application of Acts and subordinate statutes to a report on investigation (a CCTV investigation), CCTV photograph for crime prevention, and a report on investigation (a witness's statement in the line of duty on the street store);

1. Relevant Article 2 (2) and (1) 3 of the Punishment of Violences, etc. Act and Article 257 (1) of the Criminal Act are applicable to the defendants who choose to commit a crime;

1. Defendants to be detained in a workhouse: Articles 70(1) and 69(2) of the Criminal Act;

1. Defendants of the provisional payment order: The sentence shall be imposed as ordered by taking into account the following circumstances: (a) the Defendants’ confessions and reflects the reasons for sentencing under Article 334(1) of the Criminal Procedure Act; (b) the victim’s injury was not severe; (c) Defendant B was the first offender; and (d) Defendant A did not have any particular criminal record other than once before and after the crime of this case; and (d) the Defendants’ age, character and conduct and environment; (b) developments and motive leading to the instant crime; and (c) circumstances before and after the crime of this case, etc.,

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