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(영문) 인천지방법원 2015.03.19 2014고단9327
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On November 22, 2014, the Defendant violated the Punishment of Violences, etc. Act (a collective action, deadly weapon, etc.) has a dispute with the victim who, around November 22, 2014, taken off from the taxi of the victim D (the age of 52) in front of the Yeonsu-gu Incheon Metropolitan City C building and demanded the settlement of taxi charges.

The head of the victim caused injury to the victim, such as brain spathy, spathy, spathy, and spathy, which are dangerous objects on the road floor after the victim was pushed up, and spathyed with concrete of about 15 centimeters long, which are dangerous objects on the road floor after the victim was pushed up.

2. The Defendant, at around 22:35 on the same day, obstructed the legitimate execution of duties concerning the handling of the said G G’s 112 report by: (a) spiting the safety board in the back seat of the patrol vehicle in order to walk the said G while arrested him/her in a flagrant act to G (the age of 44), police officers, and police officers of the Incheon Yeonsu Police Station, who was called up after receiving a report of 112 on the same ground; (b) on the street in front of the Yeonsu-gu Incheon Metropolitan City E; (c) on the same day, he/she was arrested to and moved to the FJ to the lower seat of the patrol vehicle; and (d) spiting the said G’s head three times with the safety board; and (e) continuously walking the knee part of the said G’s kne in the FJ in the Yeonsu-gu Incheon Metropolitan City.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement related to D and G;

1. A written diagnosis of injury;

1. Application of each statute on photographs;

1. Article 3 (1) and Article 2 (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes, Articles 2 (1) and 2 (1) 3 of the Criminal Act, Article 257 (1) of the Criminal Act (the point of inflicting bodily injury on carrying dangerous articles), and Article 136 (1) of the Criminal Act (the point of obstruction of performance

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. The reason for sentencing under Article 62-2 of the Criminal Act for probation and community service order is the first crime (component punishment) (component punishment).

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