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(영문) 인천지방법원 2014.09.03 2014고단5415
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
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

On April 6, 2014, the Defendant, at around 21:10 on April 21, 2014, brought a dispute with E in the Nam-gu Incheon Metropolitan City “D Party Mayor”, and the Defendant, on the ground that the victim F (the age of 57) was flicking himself/herself on the ground that he/she was flicking, was flicking once the face of the said victim on the ground that he/she was flicking, and flicked the victim’s head on the ground that he/she was flicking.

The Defendant, as seen above, committed assaulting the victim’s neck by putting the victim’s neck, who was faced by her head from his head in line with the opposite code, and booming the victim’s neck, thereby inflicting an injury on the victim, such as two-time open wounds where treatment is required for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. The statement of each police officer made to F and G;

1. A written diagnosis of injury;

1. Application of the Acts and subordinate statutes on the part of the injury and the official photograph of the party;

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

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (Considerations, etc. agreed with the victim);

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

1. Probation under Article 62-2 of the Criminal Act;

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