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(영문) 인천지방법원 2014.06.25 2013고단8223
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

Defendant

A Imprisonment with prison labor for one year, and for six months, each of the defendants B.

However, for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

A committed each of the following crimes under the status that brain diseases, brain damage, and any other destructive personality and behavioral disorder caused by brain disorder or higher functions, and that the ability to discern things or make decisions was weak.

1. From December 5, 2013, the Defendants, who committed joint assault by the Defendants, 01:50 on the ground that they were frightened from the victim, E, F, G driving, and parading in front of the Southern-gu Incheon Metropolitan City, on the ground that they were frightened in the middle of the route under the influence of alcohol.

The Defendants jointly carried out vagabonds for the above reasons at the above time and place, and the Defendant A took the face, etc. of the victim E by drinking, and Defendant B assaulted the victim E by walking the victim E’s reciting and shouldering.

2. Defendant A committed a violation of the Punishment of Violence, etc. Act (a collective, deadly weapon, etc.) by Defendant A, at the above time and place, inflicted injury on the victim G by taking one-time face of the victim G with each item (122 cm in length, 44 cm in thickness) dangerous for the said reason, which is an object at the time and place, during the said time and place, and causing injury to the victim G by taking approximately four weeks into account the face of the victim G.

3. Defendant B, in violation of the Punishment of Violence, etc. Act (collective, deadly weapon, etc.), committed the crime of assaulting Defendant B, at the above time and place, committed the crime of assaulting the said victim by gathering the tin of proxy seat (16 cm, 19 cm in length, 19 cm in thickness, 2.5 cm in thickness), which is a dangerous object, from the time and place of the crime of assaulting the victim F.

4. In the course of Defendant A’s crime of damaging public goods, the Defendant arrested a flagrant offender by the police officer I, a police officer belonging to the Incheonnam Police Station Police Station, who was called out after receiving 112 report at the above time and place, and was on board the back seat of the police vehicle (net 72), thereby damaging the police vehicle, which is a public object, to take back the back of the police vehicle and the glass, so that the repair cost of the vehicle would be KRW 805,317.

Summary of Evidence

1. Part of the Defendants in the first trial record.

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