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(영문) 인천지방법원 2015.07.28 2014고단1383
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On January 22, 2014, the injured Defendant requested the victim’s wife E to charge a mobile phone at the convenience store operated by the victim D (year 52) located in Seo-gu Incheon, Seo-gu, Incheon. Around January 12, 2014, the victim’s wife requested to pay a mobile phone, and the victim’s wife requested to pay a charge.

Therefore, on the ground that the victim was pushed the defendant while pushing the defendant, and the victim was pushed down at the convenience store, the victim was physically injured by the victim's chest, and caused injury to the victim, such as brain, which requires approximately two weeks of treatment.

2. Around 12:20 of the same day as above, the Defendant violated the Punishment of Violences, etc. Act (a collective injury with a deadly weapon, etc.), and around 12:20 of the same day, (a) the Defendant was in the vicinity of the above convenience store, and (b) the Defendant was in the presence of the victim’s head and shoulder part of the victim’s head and shoulder because the victim E (V, 49 years of age) was able to run himself/herself.

As a result, the Defendant carried dangerous things with the victim and inflicted injury on the victim, such as brain, requiring medical treatment for about three weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. E statements;

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, Article 257 (1) of the Criminal Act (the occupation of an injury resulting from a deadly weapon, etc.) and Article 257 (1) of the Criminal Act concerning the crime;

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. Although the reason for sentencing under Article 62(1) of the Criminal Act is not good, it is mainly the fact that the Defendant appears to have committed the instant crime, and the Defendant appears to have been detained to have committed the instant crime, and that it is against the depth of the instant crime, that 5 million won was prepared with the help of the person, and that there was no record of punishment.

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