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(영문) 인천지방법원 2013.11.19 2013고단3435
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)
Text

Defendant

A Imprisonment for six months, and Defendant B shall be punished by a fine of 1,000,000 won.

Defendant

B The above fine.

Reasons

Punishment of the crime

1. Defendant A: (a) around 03:00 on February 14, 2013, at a main point of “F” in which the victim E (year 26) of the second underground floor D, Nam-gu Incheon Metropolitan City (year 26) works as an employee; (b) under the influence of alcohol, the Defendant mispercing the Defendant’s daily behaviors B and the victim E with a dangerous object of beer disease; and (c) was able to trace the victim E’s head debt.

Accordingly, the Defendant, while carrying beer disease, who is a dangerous object, assaulted the victim E.

2. At around 04:10 on February 14, 2013, Defendant B, within the H District G located in Nam-gu Incheon Metropolitan City, and was arrested as a flagrant offender and detained in the said district group as a assault case against E, Defendant B insultd the victim I, a police officer belonging to the said district group, “a victim I, who was a police officer belonging to the said district group, expressed that “at the victim I, who was a police officer belonging to the said district, was fluored with a fluor, a fluor, a day-to-day fluor, a day-to-day fluor, a day-to-day fluor, a day-to-day bru

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police interrogation protocol against the Defendants

1. Each police statement made to E and I;

1. A criminal investigation report (Attachment toCCTV image output);

1. Application of statutes on photographs of damage;

1. Article 3(1) and Article 2(1)1 of the Punishment of Violences, etc. Act, and Article 260(1)2 of the Criminal Act (a) of the Act on the Punishment of Violences, Etc., Defendant B: Article 311 of the Criminal Act, the selection of fines;

1. Defendant A for discretionary mitigation: Articles 53 and 55 (1) 3 of the Criminal Act (including the fact that he/she reflects with the victim E and the fact that he/she agreed smoothly with the victim E);

1. Defendant B of detention in a workhouse: Articles 53 and 55 (1) 3 of the Criminal Act;

1. Defendant A: Article 62 (1) of the Criminal Act;

1. Defendant B of the provisional payment order: The portion of dismissing the prosecution against Defendant B under Article 334(1) of the Criminal Procedure Act;

1. The summary of the facts charged was sent to the site by the Defendant on February 14, 2013 at around 03:10, prior to the main points specified in paragraph 1, as violence cases against the victim E.

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