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(영문) 인천지방법원 2013.06.27 2013고단945
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
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

On December 6, 2012, around 02:40 on December 6, 2012, the Defendant told the victim E (the 52-year-old) to “humping” in front of the D convenience store in Seo-gu Incheon, Seo-gu, Incheon, on the ground that the Defendant took the words “humping” from the victim E (the 52-year-old age-52), and F took the face and head of the victim by drinking, and the Defendant took two times of the victim E’s face and head head by drinking, and the Defendant took two times of the victim E’s head by the beer disease, which is a dangerous object, one time of the victim’s head.

Accordingly, the Defendant, in collusion with F, committed injury to the victim E by carrying dangerous beer disease, such as bones bones, etc. requiring medical treatment for about 28 days, and injury to the victim G, which requires medical treatment for about 14 days.

Summary of Evidence

1. Defendant's legal statement;

1. Each legal statement of witness E and G;

1. Application of Acts and subordinate statutes of each injury diagnosis letter;

1. Article 3 (1) and Article 2 (1) 3 of the Punishment of Violences, etc. Act concerning the relevant criminal facts, the selection of punishment, and Articles 257 (1) and 30 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. The grounds for sentencing under Article 62(1) of the Criminal Act are as follows: (a) there is no previous conviction against the Defendant; (b) the Defendant, who made a confession of the instant crime at the latest; (c) the victims and the victims have agreed to do so; and (d) the process, means, methods, and results of the instant crime.

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