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(영문) 인천지방법원 부천지원 2014.09.16 2014고단1177
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for two years.

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 February 28, 2014, around 15:00, the Defendant stated with C that at the home of the Defendant No. 2101 Dong 1202, Seocheon-gu, Seocheon-si D apartment house No. 2101, the Defendant: (a) the victim E (the age of 17), who was aware of the Defendant, “dop, Dop, Dop”, “dop, Dop, Dop as a garbage”; (b) the victim’s drinking as a drinking, the Defendant spacks the victim’s drinking; (c) the victim’s hand over 10 times with his hand, 5 times with his left part of the victim’s drinking; (d) three times with the dangerous object; (e) the victim’s right side with kne, the victim’s face with the victim’s hand, and (e) the victim’s right side with the victim’s hand, and (e) the victim’s walk over the victim’s right side with the above dangerous object.

As a result, the Defendant conspired with C, carrying brooms, which are dangerous objects, and inflicted injury on the victim, such as the removal of the bones, which requires approximately four weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes governing damaged photographs, Kakakao Stockholm messages, death diagnosis reports, and criminal tool photographs;

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. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation ( Taking into account the favorable conditions of sentencing among the following reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following factors are repeatedly taken into account for sentencing);

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act is an unfavorable circumstance against the defendant when the defendant committed an injury requiring medical treatment between about four weeks by making the victim several times as dangerous things, and the nature of the crime is serious, and it does not reach an agreement with the victim.

On the other hand, the defendant led to the crime of this case.

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