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(영문) 인천지방법원 부천지원 2013.05.30 2013고단259
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 22:00 on July 6, 201, the Defendant violated the Punishment of Violences, etc. Act (a collective deadly weapon, etc.) around the Defendant’s residence room located in the Yacheon-gu Blue-gu Blue-dong, Yacheon-gu. Bluely, the Defendant had, prior to that time, string a day-to-day tool on the floor, in the carbook in a restaurant in the inside and outside of the city, she fightd with the victim C (39 years old) and D, with a day-to-day tool attached thereto. The said victim and D found the victim’s residential address, and when the Defendant was the Defendant’s h, who was a dangerous object that had been laid on the Blue-dong rooftop, and she dried the victim’s chest with a string wall that requires the victim’s treatment for approximately two weeks.

2. The Defendant, at the time, at the time, and at the place specified in the preceding paragraph, inflicted bodily injury on the victim D(43 years of age) by breaking up the face of the victim D(43 years of age) twice and breaking up to the floor, and caused the victim to tear the left eye of the eyebrow in which the number of days of treatment cannot be known.

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol of C or D;

1. Application of Acts and subordinate statutes on diagnosis of an injury, and photographs of an injury;

1. Article 3 (1) and Article 2 (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes (the point of paragraph (1) at the time of sale), and Article 257 (1) of the Criminal Act (the point of paragraph (2) at the time of sale, and the choice of imprisonment);

1.Article 37 (former part), Articles 38(1)2 and 50 of the Criminal Code among concurrent crimes;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (the fact that a discretionary agreement is made with victims and the circumstances of this case shall be considered);

1. Article 62 (1) of the Criminal Act ( repeatedly considering the aforementioned circumstances);

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