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(영문) 인천지방법원 2013.11.21 2013고단6900
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)
Text

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

except that 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

On September 20, 2013, at around 19:25, the Defendant: (a) took the influence of alcohol at “Ccafeteria” located in Seo-gu Incheon City, Seo-gu, Incheon, and takes a bath for the Defendant to take no Handphones; (b) the victim D, on the side table, took a handphone on the table; (c) the victim D, who was a dangerous object, was able to bring the handphones on the table; and (d) the Defendant was able to take a winger, which is a dangerous object, into the victim’s left arms, etc.; and (e) the Defendant used the lided lid, which is a dangerous object, on the victim’s face.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of each statute on photographs;

1. Relevant Article 3 (1) or 2 (1) 1 of the Punishment of Violences, etc. Act, and Article 260 (1) of the Criminal Act concerning facts constituting an offense;

1. Discretionary mitigation: Article 53 or 55 (1) 3 of the Criminal Act (i.e., extenuating circumstances, such as the fact that the defendant has agreed with the victim, that the defendant has been sentenced to a fine four times, that the defendant has been sentenced to a fine

1. Suspension of execution: It is so decided as per Disposition on the grounds of Article 62 (1) of the Criminal Act or more;

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