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(영문) 인천지방법원 2015.03.11 2014고단8328

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 22, 2014, the Defendant: (a) around 02:53, the Defendant: (b) placed the parts, such as the victim E (age 41) in the front of the Dju point operated by the Defendant in the Namdong-gu Incheon Metropolitan City, one time by inserting the dangerous objects, such as the victim E (age 41), without any reason, and caused the injury, such as tearing the part of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of the Acts and subordinate statutes concerning investigation reports and damage photographs;

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Insignificant injuries in the mitigated area (one year and six months to two years and six months) (one year and six months) of category 1 (Habitual Injury, Bodily Injury, Bodily Injury and Special Injury) (the scope of a recommendation) in the sentencing guidelines;

2. The punishment of sentence is determined contingent crimes, and the form of crime is not heavy, and the degree of injury is minor;

Although the defendant has a record of the same kind of crime before 14 years, he/she gets able to lead a healthy life while leading to the confession and serious reflect of the crime of this case.

In addition, the fact that the defendant deposited for the recovery of damage was taken into account.