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(영문) 인천지방법원 2015.04.30 2015고단223
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. On December 23, 2014, the Defendant violated the Punishment of Violences, etc. Act (a collective injury, deadly weapons, etc.) and damage to property at D main points located in Seo-gu Incheon, Seo-gu, Incheon on December 23, 2014, the Defendant: (a) took a dispute with the victim E (the age of 36) who is an agent operating the same as his/her driver; (b) took care of the victim’s back head, which is a dangerous object in the table, and caused the victim’s injury such as tearing the number of treatment days to the victim; and (c) continuously damaged the victim’s marina car driving seat and the driver’s seat before the above main point by continuously throwing the victim with each other, thereby undermining the amount equivalent to the repair cost amount.

2. On December 23, 2014, around 08:25, the Defendant assaulted the victim G (23 years of age) who was a security staff member of the hospital treated by E in front of 102, Seo-gu Incheon, Seo-gu, Incheon, on the roads of 08:25, and the victim G (23 years of age) who was a security staff member of the hospital treated by E during the said dispute with the E,

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Each police statement of E and G;

1. Application of Acts and subordinate statutes on body photographs of damaged parts;

1. Articles 3 (1) and 2 (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes; Article 257 (1) of the Criminal Act; Article 355 (1) of the Criminal Act; Article 260 (1) of the Criminal Act concerning the crime;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. On the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act, Category I (Determination of Punishment) (Habitual Injury, Bodi Bodily Injury, Bodily Injury), No. 1 (Habitual Injury, Bodily Injury, Special Bodily Injury) [Special Convicted Person] - Where the mitigated element (including efforts to recover damage) or considerable partial damage has been restored [the scope of the recommended range] mitigated area, one year and six months to two years [the scope of the recommended range] mitigated area, half of the mitigated element [whether a general person has been suspended] - Major witness reasons: negative deadly weapons and other dangerous things.

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