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(영문) 인천지방법원 2015.06.17 2014고단9181
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
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Defendant

A Imprisonment with prison labor for two years and for one year and six months, respectively.

provided that this ruling has become final and conclusive.

Reasons

Punishment of the crime

On October 21, 2014, at around 01:00, the Defendants refused to take the position from the owner of a business under the influence of alcohol in the E-gu, Incheon Metropolitan City D, and the Defendants were at the time when the victims F (21 years of age), the victims G (21 years of age), and the victims G (21 years of age) were bleeped, and Defendant A was at the time when the victims’ head and body were blicked by hand, and Defendant B was at the time when the victims’ head and body were blick as a dangerous object, and Defendant B was at the time when the victims’ head and body were blick as a dangerous object.

As a result, the defendants conspired to carry dangerous goods and put the victim F in a 12th century of the treatment days to the victim F, and put the victim G into a string of 600 parts below the right side of the treatment days.

Summary of Evidence

1. Defendants’ partial statement

1. Legal statement of witness G, F, H, I, and J;

1. On-site photographs [the G and F did not make a clear statement as to whether Defendant A used a political party platform, but this is deemed to be due to the imminent situation where the fighting at the time occurred, H made a statement that Defendant A followed the party platform, and I made a statement that Defendant A followed both the party platform and the party itself, and J also made a statement that Defendant A used the party platform and used both the party platform and the party at his own price using the party platform. Considering the witness’s above statements, Defendant A is deemed to have taken place F head as the party platform and the law is applicable].

1. The Defendants of relevant criminal facts: Articles 3(1) and 2(1)3 of the Punishment of Violences, etc. Act, Article 257(1) of the Criminal Act, Article 30 of the Criminal Act

1. Defendants among concurrent crimes: former part of Article 37, Articles 38(1)2 and 50 of the Criminal Act;

1. Defendants subject to discretionary mitigation: Articles 53 and 55(1)3 of the Criminal Act;

1. Defendants on probation: Article 62(1) of the Criminal Act;

1. Defendants on probation: Reasons for sentencing under Article 62-2 of the Criminal Act;

1. Application of the sentencing criteria;

(a)basic crimes; and

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