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(영문) 인천지방법원 2014.08.11 2014고단3563
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
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 two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

At around 02:40 on April 6, 2014, the Defendant was drinking together with female-friendly job offering E at 25 studio in Bupyeong-gu, Incheon, Bupyeong-gu, Seoul 25, and the victim F (25 years of age) and the victim G (24 years of age) were drinking together with H and I, female-friendly Gu at 24 studio in the same time and at the same time, while drinking together with D and I, on the ground that the Defendant took water above the wall, the Defendant and the victims were sent to each other.

At 24 studs within the above Dju, the Defendant, as seen above, she was the victim G and received an objection from the victim G, she was an empty scam, which is a dangerous object on the tables, with the victim G, and she was at once every time she was the victim G’s shed, and shed the victim G’s shed the victim’s her hand in order to restrain the victim F from doing so, shedd the victim’s her hand, shed the victim’s her part of the F’s her head with her hand, and shed the victim’s her face part with the victim’s right face part, and shed the victim G by assaulting the victim G, causing an injury to the victim’s her part of the victim’s shed, requiring approximately three weeks of treatment, such as an injury to the victim’s shed the victim’s her face part, requiring approximately three weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each police interrogation protocol concerning F and G;

1. Each police statement to H, I, J, and K;

1. Application of Acts and subordinate statutes of each injury diagnosis letter;

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

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

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (no record of criminal punishment exists);

1. Article 62 (1) of the Criminal Act (in consideration of deposit of partial damage) of the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act of the community service order (determination of type) shall be the first category (special person who has been injured by a special injury).

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