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(영문) 인천지방법원 2015.11.26 2015고단6262

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

Defendant shall be punished by imprisonment for a term of one year and six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 31, 2015, at around 00:55, the Defendant: (a) 00:55 on August 31, 2015, while drinking alcohol together with the D D D restaurant located in Dong-gu Incheon Metropolitan City, such as the victim E (the age of 58) and then drinking alcohol, the Defendant heard the victim’s bath theory, such as cryp, from the victim who had a good appraisal in drinking place and had a view that the victim would go to the house occurring in drinking place; (b) placed the head of the victim at one time, who is a dangerous object on the customer’s face; and (c) placed the victim’s head at two times, and sustained the victim’s head at the left part where the victim could not know the number of days of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of field photographs and investigation reporting Acts and subordinate statutes;

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. Although the reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence is serious in that the defendant and the victim have been aware of for a long time and drinking together with drinking, and the defendant has paid the victim a death penalty and one million won for medical expenses, and the victim has not been issued a diagnosis even because he/she did not want the punishment of the defendant, it is decided as per the disposition in consideration of the fact that the defendant and the victim have been aware of for a long time.