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(영문) 인천지방법원 부천지원 2011.04.20 2011고단95
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

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

However, 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. On October 20, 2010, the Defendant: (a) around 23:00 on October 20, 2010, the victim D (the 16-year-old-old-si-U.S.-U.-U.S.-si Office Officetel No. 814) was injured by the victim D (the 16-year-old) who was a dangerous object due to the Defendant’s bad resistance against the Defendant; (b) 3 times the victim’s amblock, and ambl with the victim’s face; and (c) 1 time the victim’s face cannot be identified.

2. At around 23:30 on October 21, 2010, at the same place as Paragraph (1) and paragraph (1) of this Article, the Defendant: (a) assaulted the victim D, which was a dangerous object, on the ground that the victim D was a female-child of the victim, and the Defendant was aware of her friending her friend, with a view to one time, the victim’s arms and parts of the victim’s arms and her chests several times; (b) the victim’s arms and her chest parts were fried by drinking, and (c) the victim’s friended her fright, which was a deadly weapon, brought about the victim’s chest, thereby causing injury, such as the part where it is impossible to know the number of days of treatment for the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. The police statement of D or E;

1. The written statement of the defendant;

1. Application of Acts and subordinate statutes on seizure records;

1. Article 3 (1) and Article 2 (1) 3 of the Punishment of Violences, etc. Act concerning the crime, Article 257 (1) of the Criminal 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. Article 62 (1) of the Criminal Act on the stay of execution (Confession, reflectiveness, initial crime, agreement);

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

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