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(영문) 인천지방법원 2014.06.12 2014고단2609
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

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

1. Around 03:20 on March 14, 2014, the Defendant violated the Punishment of Violences, etc. Act (a group., injury by deadly weapons, etc.) on the ground that, while drinking alcohol at the "Djuk store in Nam-gu Incheon Metropolitan City, E (the 23 years of age) of an employee was terminated, the victim E (the 23 years of age) was the end of its business hours. B. B. A. B. the head of the victim, who was a dangerous object on his/her table, was at his/her hand, and the victim was able to take the victim's body by drinking the victim's face beyond the table, and the victim was able to take the body of the victim by going beyond the floor.

As a result, the Defendant inflicted bodily injury on the victim, such as brain salvin, which requires treatment for about 21 days.

2. The Defendant causing property damage, at the above time and place, did not make a fry in the process of making E as above, and carried out 2 glass tablers, 3 visitors, 2 visitors, and 3 Liata, 3 bottles, 1 disease, 1 disease, 1 disease, 1 disease, 1 disease, 1 disease, etc. in the Hague XO, 1 disease, etc. on the floor of Liata, which were kept in the display place.

Accordingly, the defendant damaged the victim F's total market value of 2,958,000 won.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of the police statement of E;

1. Application of Acts and subordinate statutes to the scene and the victim's photograph, estimate, and written diagnosis of injury;

1. Relevant Article 3 (1) or 2 (1) 3 of the Punishment of Violences, etc. Act, Article 257 (1) of the Criminal Act, Article 366 of the Criminal Act concerning the crime;

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

1. Discretionary mitigation: Articles 53 and 55 (1) 3 of the Criminal Act (the details of the instant crime, the agreed point, and the point that there is no previous conviction or more than a suspended sentence);

1. Suspension of execution: Article 62 (1) of the Criminal Act;

1. Order of community service: The defendant, at the time of committing the crime of this case, has taken the judgment on the claim for mitigation of mental or physical disability, and is of mental disability.

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