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(영문) 인천지방법원 2014.03.25 2013고단8581
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 22:40 on August 3, 2013, the Defendant assaulted the victim by her hand on the ground that he was “the victim’s desire to take the victim’s hair” on the ground that the victim D (here, 43 years of age) under the influence of alcohol in E-cafeteria operated by the victim D(s).

2. The Defendant violated the Punishment of Violence, etc. Act (abrupt by a group, deadly weapon, etc.) committed an injury to the victim, such as double scopic, etc. for about 14 days, on the ground that the victim F (the age of 47) prevented the Defendant from committing the above assault by the Defendant, thereby getting off the part of the victim, which is a dangerous object.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D, F, G, and H;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Article 3 (1) and Article 2 (1) 3 of the Punishment of Violences, etc. Act concerning the crime, Article 2 (1) and Article 257 (1) of the Criminal Act (the occupation of inflicting bodily injury on carrying dangerous objects) and Article 260 (1) of the Criminal Act (the point of assault and the choice of imprisonment) of the same Act;

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;

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