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(영문) 인천지방법원 부천지원 2015.08.12 2015고단337 (1)

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 4, 2014, at around 03:35, the Defendant thought that the victim E (E) brought his/her mobile phone in front of the “Dju station” located in Seocheon-gu, Seocheon-gu, Seocheon-gu, Seoul. On December 4, 2014, the Defendant, on the street, brought about his/her mobile phone. On the taxi, the Defendant, on board the taxi, has suspended the vehicle by the victim driving away from his/her carbon vehicle,

In the case of the victim's head, the victim's head part of the victim's head was the breath of the tree breath (1m in length, about 3.5m in thickness) which is a dangerous object in the breath by putting the victim's breath with breath in hand, and the victim's breath was the breath of the breath of the breath

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police suspect interrogation protocol regarding E;

1. Application of Acts and subordinate statutes on images of 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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 2006Da1548,

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Code of the Social Service Order and Article 59 of the Act on Probation, etc. [Scope of Recommendation] The mitigated area (i.e., habitual injury, repeated crime injury, special injury) (i.e., one to two years and six months) (i., one year and six months)] mitigated area (i.e., a special mitigation): the defendant's decision] favorable circumstances: the defendant seems to have led to the crime in this case and to repent his/her mistake; (ii) there are circumstances that may be taken into account when committing the crime in this case; (iii) the victim does not want the punishment of the defendant; and (iv) there are no records that the defendant has been punished by a fine or heavier punishment; and (v) other unfavorable circumstances under Article 51 of the Criminal Act, such as the fact that the defendant has been punished by a crime related to several violence, and the defendant has determined the term of punishment within the scope of recommendation based on the sentencing guidelines.