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(영문) 인천지방법원 부천지원 2015.10.30 2015고단2476
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

Defendant

A Imprisonment with prison labor of one year and six months, and Defendant B shall be punished by a fine of one million won.

Defendant

B The above fine.

Reasons

Punishment of the crime

1. On July 14, 2015, the Defendants’ co-offendered the Defendant’s desire from the victim F (the victim F (the victim F) at the front point of “E” located in Seocheon-gu, Seocheon-gu, Seocheon-gu, Seoul, to take care of the victim’s head, and Defendant B took two times from the victim’s head head, and Defendant A took one time from the victim’s face.

Accordingly, the Defendants jointly assaulted the victim.

2. When the victim G (the 24 years old) who is the first driver of the above F at the above date and at the above time and place met the Defendant F, the Defendant left the part of the victim’s head one time with an empty beer who is a dangerous object of chemicalization and left the part of the victim’s head one time, and got the face of the victim one time by drinking.

As a result, the defendant carried dangerous objects with the victim about three weeks of medical treatment, which requires two-time medical treatment.

Summary of Evidence

1. Defendants’ respective legal statements

1. Police suspect interrogation protocol regarding F;

1. Protocol of the police statement concerning G;

1. On-site photographs and damaged photographs;

1. Application of Acts and subordinate statutes to investigation reports (not submitting a victim's G injury diagnosis report);

1. Article 3 (1) and Article 2 (1) 3 of the Punishment of Violences, etc. Act, Article 257 (1) of the Criminal Act, Article 2 (2) and Article 2 (1) 1 of the Punishment of Violences, etc. Act, Article 260 (1) of the Criminal Act (the point of joint violence and the choice of imprisonment): Defendant B: Article 2 (2) and Article 2 (1) 1 of the Punishment of Violences, etc. Act, Article 260 (1) of the Criminal Act

1. Defendant A from among concurrent crimes: the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Defendant A subject to discretionary mitigation: Articles 53 and 55(1)3 of the Criminal Act (see, e.g., the agreement with the victim, confession and reflection of the crime, the degree of damage suffered by the victim, etc.);

1. Defendant B of detention in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

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

1. Defendant B of the provisional payment order: Article 334 (1) of the Criminal Procedure Act;

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