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(영문) 인천지방법원 부천지원 2013.09.04 2013고단492
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

1. On October 13, 2012, the Defendant violated the Punishment of Violences, etc. Act (a collective injury with a deadly weapon, etc.) requested D Manpower Office in Kimpo-si, Kimpo-si, Kimpo-si (hereinafter “D Manpower Office”), the unpaid wage of KRW 200,00,00. However, the victim E (hereinafter “the age of 48”) said that “I have no president, so I would see that I would see it,” and the victim E said, “I would like to go against the inside, because I would have no president,” and each item (2 cm x 7 cm x 65 cm) which is a dangerous object in advance, was 7-8 cm of the victim’s head, shoulder, shoulder, etc.

As a result, the Defendant inflicted an injury on the victim, such as distribution, gambling, etc. requiring treatment for about three weeks.

2. The Defendant causing property damage, at the same time and place as set forth in the above paragraph (1), destroyed and damaged the entrance and exit of the D Manpower Office as above, and continuously damaged the victim’s cell phone equipment owned by the victim, as set forth in paragraph (1) above, while the victim was living together, the victim got out of the third floor window of the building.

Accordingly, the defendant damaged the property owned by the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Statement E in the second police interrogation protocol against the accused;

1. Statement to E by the police;

1. Victims and photographs of each item;

1. Three copies of a medical certificate;

1. On-site photographs and photographs of damaged articles;

1. Assault photographs of a victim;

1. Photographs of destroying and damaging property;

1. Application of Acts and subordinate statutes on receipt of medical expenses;

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

1. Of concurrent crimes, the former part of Article 37, and Articles 38 (1) 2 and 50 of the Criminal Act (within the scope of adding up long-term punishments);

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act (hereinafter referred to as the following sentencing grounds) is that the defendant does not oppose the criminal act against the part of personal injury of deadly weapons, etc., by denying it.

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