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(영문) 인천지방법원 부천지원 2013.12.20 2013고단3246
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 04:40 on June 23, 2013, the Defendant: (a) was driving along the victim’s walk on the front side of the Nowon-gu Seoul Special Metropolitan City, Busan Special Metropolitan City, on the ground that the victim D (the age of 17) was fluored to himself; and (b) the victim’s right part of the victim’s right part is over one time, and the victim’s face part is continuously fluord with the hand floor and drinking, and the victim was fluored from the right part of the treatment period.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol concerning the examination of suspect of the police against D or E;

1. Application of Acts and subordinate statutes governing suspect photographs;

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. Mitigation of discretionary measures under Articles 53 and 55 (1) 3 of the Criminal Act (all circumstances, including the fact that an agreement has been made with the victim, the confession and reflective fact, and the fact that there is no record of punishment exceeding the fine);

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary Mitigation);

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