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(영문) 인천지방법원 2013.11.28 2013고단5806
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

Defendants shall be punished by imprisonment for one year and six months.

However, the execution of each of the above penalties for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendants, around 01:10 on August 18, 2013, performed a dispute in the order of the victim F(53 years of age) and singing at the Eju stores located in Bupyeong-gu Incheon Metropolitan City, Bupyeong-gu.

Accordingly, Defendant G collected beer's disease, which is a dangerous object on his customer, and cut back once the back part of the victim's back. Defendant B collected doubt, which is a dangerous object, and Defendant B got up the victim, and got up the victim into his arms, and Defendant A took part in several occasions by the defendants who got up the victim beyond the floor.

As a result, the Defendants conspiredd with the victim for about 15 days to inflict damage on the head's situation and reputation in the open part in need of treatment.

Summary of Evidence

1. Defendants’ partial statement

1. Protocol concerning the examination of suspects concerning G;

1. Statement of the police statement to F (No. 33 No.);

1. A medical certificate, each photograph;

1. Reporting on dispatch to violent sites and application of the Acts and subordinate statutes for investigation report;

1. Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act concerning the crime concerned, Article 257 (1) of the Criminal Act, Article 30 of the Criminal Act;

1. Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation (i.e., that the defendants repent their mistakes, that the victims agree with the victim that they do not want the punishment of the defendants, that there was no past record of criminal punishment after around 1996 in the case of the defendant A, that there was no criminal record other than punishment imposed once by a fine in the case of the defendant B, that there was no criminal record other than punishment imposed once by the fine, and that the degree of the defendants' participation in the crime

1. Article 62 (1) of the Criminal Act on the suspension of execution (presumed consideration in the preceding);

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