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(영문) 인천지방법원 2014.12.10 2014고단7315

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 September 14, 2014, the Defendant, at the main point of “D” located in Seo-gu Incheon, Seo-gu, Incheon on September 21, 2014, carried alcohol from the next table, and had the victim E (the age of 43) and the beer’s disease, which is a dangerous object in the table of the time table, carried the victim’s head part once, and had the victim teared the victim’s head part in front of the treatment days.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to photographs of damaged victims;

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Grounds for sentencing under Article 62 (1) of the Criminal Act, which has been repeatedly imposed;

1. Reduction area (one year and six months to two years) (one year and six months) of the mitigated area (one year and six months to six months) of the mitigated area (a special mitigation area) of Category 1 (Habitual Injury, Bodily Injury, Bodily Injury and Special Injury) shall not be punished, within the scope of the recommended sentence according to the sentencing guidelines;

2. Determination of sentence shall be made in accordance with the order, taking into consideration the following factors: (a) the accused who has made a confession and reflect on the crime of this case; (b) the victim does not want the punishment of the accused; (c) the victim has no record of being punished for the same kind of crime; (d) the age, character and conduct, the environment of the accused; (e) the motive and circumstances leading to the crime