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(영문) 인천지방법원 2014.10.30 2014고단5917
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 18:00 on June 27, 2012, the Defendant violated the Punishment of Violences, etc. Act (a collective injury with a deadly weapon, etc.), the victim E (the age of 23) who is an employee in Yeonsu-gu Incheon Metropolitan City “D carpet,” took a shoulderer bottle, which is an object dangerous to the dispute between the Defendant and other customers, and took the knee, knee, knee, knee, and knee, knee, knee, and knee of the victim.

As a result, the defendant carried dangerous articles with the victim and inflicted injury on the victim, such as her bones, which requires medical treatment for about 21 days.

2. The Defendant destroyed and damaged property at the time, place, as mentioned in the above paragraph (1) above, the victim F, who was displayed in the above car page, was damaged by destroying the victim F, thereby damaging the marketable property.

3. After committing the crime as described in the above 1 and 2, the injured Defendant was on board HW car driven by the victim G (38 years of age, n, n) GW car after committing the same crime, and the Defendant was on the face of the victim by drinking after being pushed by the victim on the ground that the victim was unable to drive properly.

As a result, the Defendant inflicted injury on the victim, such as the closed inside and the mouths that require treatment for about 56 days.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to G and E;

1. Application of Acts and subordinate statutes to field photographs, photographs of each injury part, CCTV photographs on the scene of a crime, and written diagnosis of each injury;

1. Articles 3 (1) and 2 (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes; Article 257 (1) of the Criminal Act; Article 366 of the Criminal Act; Article 257 (1) of the Criminal Act; Article 257 (1) of the Criminal Act concerning the crime;

1. Determination of imprisonment with prison labor as to the crime of causing property damage and bodily injury, which has been decided on selection of punishment;

1. Violation of the former part of Article 37, Article 38 (1) 2, or Article 50 of the Criminal Act by aggravation of concurrent crimes [Article 50 of the Punishment of Violences, etc. with the largest punishment (the crime of injury by a group, deadly weapon, etc.)];

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