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(영문) 인천지방법원 2020.07.23 2020고단3189
상해등
Text

Defendants shall be punished by imprisonment for four months.

However, each of the above punishments shall be executed for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. No person who commits violence against another person on an airplane, or who obstructs the security or flight of an airplane, shall commit violence, intimidation, deceptive means, or manipulate the entrance, emergency exit or devices;

Nevertheless, at around 10:10 on March 11, 2020, the Defendant inflicted an injury on the victim B (year 54) and the victim attached to Si expenses on the aircraft landing at the Incheon International Airport located in Jung-gu Incheon International Airport, Jung-gu, Incheon. 272, when two times the victim’s left snow around the victim’s left snow, the Defendant she suffered an injury, such as the victim’s snow grass and the open body around the snow and string, etc. in need of treatment between approximately two weeks.

Accordingly, the defendant assaulted another person on the airplane, and at the same time inflicted an injury on the victim.

2. No person who commits violence against another person on the airplane, or who obstructs the security or flight of the airplane, shall commit violence, intimidation, deceptive means, or manipulate the entrance, emergency exit or devices;

The defendant, within the aircraft mentioned in paragraph (1) of the temporary bordering clause 1, took the neck of the victim A (the 23 years of age) and the scambling of the victim, let the victim go beyond the seat of other passengers.

Accordingly, the defendant assaulted another person on an airplane.

Summary of Evidence

1. Defendants’ respective legal statements

1. Application of the Acts and subordinate statutes to the investigation report (No. 3,7,11)

1. Article applicable to criminal facts;

(a) Defendant A: Articles 46(2) and 23(2) of the Aviation Security Act and Article 257(1) of the Criminal Act;

(b) Defendant B: Articles 46(2) and 23(2) of the Aviation Security Act

1. Defendant A of ordinary concurrent crimes: Selection of imprisonment with prison labor for Defendant A of the choice of a punishment under Articles 40 and 50 of the Criminal Act (the punishment specified for a crime of serious injury)

1. Article 62 (1) of the Act on the Suspension of Execution;

1. Article 32(1)1 and Article 26 of the Act on Special Cases concerning the Promotion, etc. of Lawsuits, etc. of Application for Compensation;

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