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(영문) 인천지방법원 2015.05.29 2015고단2298

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 6, 2015, the Defendant: (a) around 21:15, at a general restaurant in Seo-gu Incheon, “D”, the Defendant inflicted injury on the victim E (the age of 50) by beer and beer with beer and beer and beer, which is a dangerous object on the table of the table, and the victim’s face and beer, so long as it is difficult to see the victim several times, and caused injury to the victim, such as internal and balone bones, balone bones, balone, balone, face, face, etc., which requires treatment for about 28 days.

Summary of Evidence

1. Defendant's legal statement;

1. Prosecutions and police interrogation protocol of E;

1. Video data of the video at the scene of crime and photographs to close a course;

1. The application of Acts and subordinate statutes to physical photographs and diagnostic certificates, and death diagnosis certificates;

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. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Where the mitigation area (one year and six months to two months), the mitigated area (one year and six months to six months), the penal penalty (including serious efforts to recover damage), or considerable partial damage is recovered in the area of mitigation (including a person subject to special mitigation), the penal penalty of which (including a serious effort to recover damage), or the penal penalty of which is imposed on the sentencing guidelines;

2. The Defendant’s decision on the sentence of this case recognized the instant crime and reflects the fact that the victim agreed with, under favorable circumstances, the victim committed an injury to the victim by carrying out beer and beer and beer, which is a dangerous object, and the fact that the nature of the crime is not good, shall be considered as unfavorable circumstances. In addition, considering the Defendant’s age, character and conduct, environment, motive and circumstance leading to the instant crime, and circumstances after the crime, the sentence shall be determined as per Disposition.