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(영문) 인천지방법원 2014.02.06 2013고단8385
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant, who was working together in the "C," which is a business place for marina, did not have a good relationship with the victim as a matter of peace-time dispute between D and the defendant's male-friendly relationship.

At around 12:00 on November 9, 2013, the Defendant: (a) introduced the victim’s friendship to the said establishment in Yeonsu-gu Incheon, Yeonsu-gu, Incheon; (b) removed the Defendant in good faith while employing the victim’s friendship; and (c) was dismissed by the said establishment’s owner; and (d) made the victim’s head, who was locked from the said establishment on two occasions in accordance with the above Section 306, the victim’s head, who was locked on the front floor of the said establishment, was inside the front floor of the said establishment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Seizure records and each photograph;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant Article 3 (1) or 2 (1) 3 of the Punishment of Violences, etc. Act, and Article 257 (1) of the Criminal Act concerning facts constituting an offense;

1. Discretionary mitigation: Consideration under Articles 53 and 55 (1) 3 of the Criminal Act (i.e., reflects the depth of the defendant and there is no previous conviction in the Republic of Korea, the degree of damage is not severe, and the defendant has been tried in the state of detention);

1. Suspension of execution: It is so decided as per Disposition on the grounds of Article 62 (1) of the Criminal Act or more;

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