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(영문) 인천지방법원 부천지원 2015.01.14 2014고단2981
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

A defendant shall be punished by imprisonment for not less than one year and 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

1. Around 02:30 on November 08, 2014, the Defendant violated the Punishment of Violence, etc. Act (a collective injury by a deadly weapon, etc.), while carrying out a dispute with the victim E (the age of 33) who was working at the seat of the victim before the D convenience store in the operation of Kimpo-si, Kimpo-si (around 02:30 on November 08, 201, he saw the victim’s face when the victim’s face was taken, avoiding this, and the Defendant sawd the head of the body where it is impossible to identify the number of days of treatment by keeping the victim’s hair with the victim’s head.

2. The Defendant violated the Punishment of Violence, etc. Act (the destruction and damage, etc. of a deadly weapon, etc.) committed an act of damaging the entrance door owned by the Victim C by setting three wheels in diameter at the entrance of the entrance, which is a dangerous object for E to enter the convenience store, at the same time and at the above place.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the interrogation of suspects of E;

1. C’s statement;

1. Application of Acts and subordinate statutes on damage and field pictures;

1. The applicable provisions of Articles 3(1) and 2(1)1 of the Punishment of Violences, etc. Act to criminal facts include only “Article 3(1) and Article 2(1)3 of the Punishment of Violences, etc. Act” in the applicable provisions of the indictment against criminal facts. However, in light of the facts charged, it appears clearly to be written by mistake in light of the facts charged, etc., and as there is no impediment to the defendant’s exercise of his/her right of defense, Article 3(1) and Article 2(1)1 of the Punishment of Violences, etc. Act should be corrected to add “Article 3(1) and Article 2(1)1 of the Punishment of Violences, etc. Act.”

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. Suspension of execution is favorable to the defendant, among the reasons for sentencing under Article 62(1) of the Criminal Act.

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