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(영문) 인천지방법원 2016.04.21 2015고단304
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for six months.

No. 1 ( excessive) of the evidence seized by the accused shall be confiscated.

Reasons

Punishment of the crime

[Criminal record] The Defendant was sentenced to two years of suspended sentence on May 1, 2014 by assault, etc. at the Seoul Central District Court on June 201, and the judgment became final and conclusive on May 9, 2014, and is still under suspended sentence.

[2] On August 17, 2014, the Defendant: (a) performed drinking together with four dynamics D et al. at the same drinking house of “C” located in Bupyeong-gu Incheon, Bupyeong-gu, Incheon; and (b) performed a snow to the victim F before a pharmacy adjacent to the foregoing drinking house; and (c) on the ground that the Defendant performed a snow to the victim F.

In other words, “the victim was cut off,” and “the victim was called as “the victim was cut off,” and then the victim purchased excessive (22 cm in total) which is a deadly weapon near the above pharmacy, and took the victim’s head by drinking it to the victim while keeping the victim’s head by drinking it to the victim, the victim’s head was prevented, and the above D continued to put the victim’s face by drinking the victim’s head, booming the victim’s face, booming the victim’s face, and destroying the victim beyond the bottom, etc., which requires approximately two weeks medical treatment.

Summary of Evidence

1. A protocol concerning the interrogation of each police suspect against the accused, F, H, or I;

1. Statement made by the police to J;

1. A copy of each statement of H and I;

1. A protocol of seizure and a list of seizure;

1. A written diagnosis of injury;

1. Photographs of the victim;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 53 and 55(1)3 of the Criminal Act (the following conditions favorable to the reasons for sentencing) have the record of having been punished for the same kind of crime; the Defendant committed the instant crime during the suspension period; the Defendant did not reach an agreement with the victim; and other records, such as the Defendant’s age, occupation, sex, environment, and circumstances before and after the instant crime.

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