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(영문) 인천지방법원 2014.03.25 2014고단125
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
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

1. Around 12:50 on October 25, 2013, the Defendant violated the Punishment of Violences, etc. Act (injury by group, deadly weapons, etc.), and around 2:50 on the street in front of the Dmaart in Dong-gu Incheon Metropolitan City, Dong-gu, Incheon, provided alcohol together with the victim E (the age of 53) and carried out frighting play, the head of the victim was taken one time by a minor who is a dangerous object in the surrounding area without any special reason. When the victim’s face is taken one time by drinking, the Defendant was in charge of an inspection, if the victim needs to receive approximately two weeks of treatment.

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

2. In around 14:50 on October 25, 2013, the Defendant: (a) sustained an injury on the part of the victim’s head, face, and her body, on the ground that the victim H (52 years of age) was “abdoing the victim to the above E”, the Defendant suffered an injury on the part of the victim, i.e., the victim’s head, face, and her body at the time when the victim’s head, face, and her body was her body.

3. Around November 17, 2013, the Defendant violated the Punishment of Violences, etc. Act (a collective injury with a deadly weapon, etc.) committed a cruel injury to the victim by putting the victim I (52 years of age, female) to the same place as the above paragraph (2) at the same time, and intending to put the victim’s main place of business with the above H at the same time, and putting the victim’s head at one time, and putting the victim’s head at a dangerous object located therein, and causing a cruel injury to the victim by putting the victim’s head at the head of the non-number of days of treatment.

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

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to E, H and I;

1. A medical certificate;

1. Application of the Act and subordinate statutes on the Investigation Report dated December 11, 2013

1. Relevant Article of the Criminal Act, Article 257 (1) of the Criminal Act (the point of injury and the choice of imprisonment), Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act, and Article 257 (1) of the Criminal Act (the point of injury to carry dangerous articles) of the Criminal Act;

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

1. Discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act;

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