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(영문) 인천지방법원 부천지원 2014.11.21 2014고단1702
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

Defendant

A Imprisonment of one year and six months, and Defendant B shall be punished by a fine of 300,000 won.

Defendant

B The above fine.

Reasons

Punishment of the crime

1. At around 08:00 on April 19, 2014, Defendant A, within the “F” located in Seocheon-si, Seocheon-si, Seocheon-gu, Seoul, 2014, the Defendant: (a) sent the victim’s head three times to two mains of the victim, which are dangerous articles on the table table, due to telephone call, while drinking and drinking alcohol; (b) took three times the victim’s face on three occasions; (c) taken the victim’s face on two occasions by gathering the victim’s will; and (d) took the victim’s hair at the entrance of the above “F”; and (e) took the victim’s hair at the victim’s face at the victim’s face on two occasions, and inflicted injury on the victim, such as two mains where treatment is necessary for about 10 days open.

2. Defendant B, at the above time and place, abused the victim A (ma, 19 years of age) from the victim, and assaulted the victim by drinking at “F” accounting unit twice at the victim’s face, making the victim’s face known as twice at the entrance, and making the victim’s face known as 1-2 times by drinking the victim’s head, and by drinking the victim’s face.

Summary of Evidence

[Defendant A]

1. Defendant's legal statement;

1. The police statement concerning B;

1. Photographs;

1. A report on internal investigation (on-site investigation and CCTV investigation);

1. Photographs (CCTV);

1. A written diagnosis of injury;

1. Inquiry reports (A), such as criminal records, etc., and reporting on the outstanding findings and results of dispositions, and verification (Defendant B);

1. A’s legal statement;

1. Photographs;

1. Investigation report (as to the suspect A's damaged part)

1. A criminal investigation report (F business owners' counterpart search);

1. Application of Acts and subordinate statutes, such as criminal records;

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 and Article 257(1)3 of the Criminal Act;

B. Defendant B: Article 260(1) of the Criminal Act (Selection of Fine)

1. Defendant A for discretionary mitigation: Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 2009Da1548, Apr. 1, 2009);

1. Defendant B of detention in a workhouse: Articles 70 and 69(2)1 of the Criminal Act;

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