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(영문) 인천지방법원 2013.10.31 2013고단5321
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 05:00 on July 27, 2013, the Defendant: (a) performed drinking together with the victim E (n, 25 years of age), victim F (n, 26 years of age), etc., on the ground that the victim E would not speak to F, etc. who is the Defendant; (b) shaking the victim E’s head debt; (c) was sleeping the victim E’s face when the victim’s face is taken by drinking, etc.; (d) the victim E could not know the number of days of treatment; and (e) the victim F (n, 26 years of age), the head of the victim F (n, 26 years of age), who is a dangerous object, was taken one time to assault the victim F.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police investigation of suspect with regard to F;

1. Statement of the police statement of E;

1. Application of the Acts and subordinate statutes governing body photographs;

1. Article 3 (1) and Article 2 (1) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes, Articles 2 (1) and 2 (1) of the Criminal Act, Article 260 (1) of the Criminal Act and Article 257 (1) of the Criminal Act (the point of injury and the choice of imprisonment with labor);

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. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., the confession of a crime by the defendant, the violation, the agreement between the victims, and the fact that the defendant is the initial offender);

1. Article 62 (1) of the Criminal Act on the suspension of execution (presumed consideration in the preceding);

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