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(영문) 인천지방법원 부천지원 2016.04.22 2015고단2963
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 6, 2015, the Defendant: (a) around 19:30, the victim F (55 years) using the same watchkeeping room in the E Hospital outside of 828 main office of the E Hospital located in Seocheon-gu, Seocheon-gu; (b) the E Hospital outside of the National Hospital of the Republic of Korea and the E hospital for a certain period of time; (c) “I would like to have the victim’s cell phone with the victim’s cell phone; (d) tried to have the victim’s cell phone from the emergency stairs; (e) tried to have the victim’s cell phone from the emergency stairs; (e) tried to have the victim’s cell phone from the emergency stairs; and (e) tried to have the victim’s door-to-face with the dangerous object in the watchkeeping room of the watchkeeping; and (e) took the victim’s head and the victim’s head after taking the son’s her head into consideration three times, and (e) tried to see the victim’s left-hand side.

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

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. A protocol concerning the examination of the suspect of the accused;

1. Statement made by the police with regard to F;

1. A written diagnosis of injury;

1. The defendant asserts that there was no fact that there was no injury to the victim, such as the victim's flag photo, X-ray photograph (the defendant flag, at the time of the victim's glag-gate, but the victim was flaged one time at the night.

However, according to the evidence duly adopted and examined by the injured party, the fact that the injured party's damage caused the damage to the camping net of the defendant, and that there was this case.

The defendant's assertion is without merit in that X-ray inspection conducted on April 6, 2015 recognized that the thalking was observed by the victim, and there is no particular evidence to regard the stalking as salking.)

Application of Statutes

1. Articles 258-2 (2) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 53 and 55 subparag. 1 subparag. 3 of the Criminal Act for mitigation of quantity (the Defendant’s mistake reflects his/her own mistake, and the Defendant has no record of criminal punishment.

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