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(영문) 인천지방법원 2016.02.15 2015고단7453
폭력행위등처벌에관한법률위반(공동상해)
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 5, 2015, at around 21:10, the Defendant and C parked in an empty taxi that was parked in the front of the Bupyeong-gu Incheon Metropolitan City D, and demanded the start of the taxi after leaving the victim E (37 years old) who is a taxi driver by sounding the light.

A victim F (36 Do) who is E and Dong-gu taxi driver, considered that “I am ping out of meals, I am another taxi, I am am hing out of the string, I am f's f's face by hand, am F's face by drinking, am F's face by drinking, am F's face by drinking, and C am F's face by hand by hand by hand, f's face by hand, and am F's chest by hand.

As a result, the Defendant, in collaboration with C, inflicted injury on the victim F, such as dump bump, which requires approximately three weeks of medical treatment, and inflicted injury on the victim E, such as cerebral fumin, which requires approximately three weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and E;

1. Each injury diagnosis letter;

1. Application of the photographic Acts and subordinate statutes;

1. Article 2(2) and Article 2(1)3 of the Punishment of Violences, etc. Act (amended by Act No. 13718, Jan. 6, 2016); Article 257(1) of the Criminal Act (amended by Act No. 13718, Jan. 6, 2016);

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

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The first crime for sentencing under Article 62-2 of the Social Service Order Criminal Act: The second crime without being aware of the scope of general injury (the scope of recommendation from April to January) in the basic area (the person subject to special sentencing) of Type 1 (the scope of recommendation from April to June) (the person subject to special sentencing) [the scope of recommendation from April to June] in the basic area (the person subject to special sentencing from April to June) (the person subject to special sentencing] in the number of multiple crimes with no basic area (the person subject to special sentencing from April to June): The final sentence due to multiple crimes: April to February 3 [the decision of sentence] and without being aware of the suspension of execution or fine due to violence even if it was possible to have been sentenced to probation or fine due to violence.

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