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(영문) 인천지방법원 부천지원 2014.09.03 2014고단1614
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

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

Reasons

Punishment of the crime

On March 28, 2014, the Defendant: (a) around 09:20, the main point of “H” operated by the Victim G (the 36-year-old), which was located in Seocheon-gu, Seocheon-gu, Seocheon-gu; (b) “I will cover the victim’s face,” and (c) took the victim’s face over about 20 times by drinking around 20 times; (d) continuously walking the victim’s mouth and part on the part of the victim, leading the victim to the room inside the main room; and (e) was a beer disease, which is a dangerous object on the table, and the head part of the victim’s head cannot be identified; and (e) sustained the victim’s face part of the victim’s head at one time, and sustained the victim’s loss.

Summary of Evidence

1. Partial statement of the defendant;

1. Part of the statement made by the prosecution against G in the protocol of each prosecutor’s statement (G refers to the reversal of the statement made by the police at the prosecutor’s office and thus, it is difficult to believe the above statement made by G in light of the contents of the statement made by the police and the circumstances leading to the reversal of the statement made by the police)

1. Statement of the prosecutorial statement concerning I;

1. Protocol of each police statement concerning G;

1. On-site CCTV data;

1. Application of Acts and subordinate statutes to a police officer in charge of an investigation report (the second statement of a victim and an employee telephone call), an investigation report (the phone call of a police officer in charge of interfering with an investigation of a suspect), an investigation report (the phone call of a police officer in charge of a victim's statement), an investigation report (H employee J telephone call), and an investigation report;

1. Article 3 (1) and Article 2 (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes, Articles 2 (1) and 257 (1) of the Criminal Act;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is that the crime of this case is not good in light of the degree, attitude and attitude of the crime of this case, and the defendant's attitude in the investigation process, despite the previous criminal records related to the three times of violence, the crime of this case has been committed in another time, and some criminal facts have been committed by the investigative agency to this Court.

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