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(영문) 인천지방법원 2014.11.04 2013고단5806 (1)
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
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

At around 01:10 on August 18, 2013, the Defendant, along with E and F, performed a dispute in the order of the victim G (53 years of age) and singing at D points located in Bupyeong-gu Incheon, Bupyeong-gu, Incheon.

Accordingly, the Defendant collected beer disease, which is a dangerous object on his customer, and cut back one time from the back part of the victim, and F collected the chair who is a dangerous object, and got up the victim into the floor by cutting the victim into his arms and cutting off the victim into the floor, and the Defendant took several times together with F and E.

As a result, the Defendant conspired with F and E, thereby causing damage to the main part in need of approximately 15 days of treatment and the reputation of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol concerning the examination of each police suspect against F and E;

1. Protocol of the police statement concerning G;

1. A medical certificate, each photograph;

1. Reporting on dispatch to violent sites and application of the Acts and subordinate statutes for investigation report;

1. Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act concerning the crime concerned, Article 257 (1) of the Criminal Act, Article 30 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act [Scope of Recommendation] In the case of habitual injury, repeated injury, and special injury (Habitual Injury, Bodi Bodi Bodi Bodi Bodily Injury), the mitigation area (1 year and six months to six months), the punishment of a person who is not subject to special mitigation (including serious efforts to recover damage), or the recovery of considerable damage (a decision of sentence] among co-offenders, the degree of inclusion in the crime is the highest among co-offenders, but the same kind of fine has several records, but the victim and the victim have not reached a full agreement (Provided, That the agreement amount is prepared by the full amountF), the fact that the crime was committed while living in custody for one month due to the instant case, and other fact that the defendant's age, character and behavior, family environment, and the crime of this case is committed.

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