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(영문) 인천지방법원 2014.06.26 2014고단3615

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 April 15, 2014, at around 15:30 on April 15, 2014, the Defendant, within the D Company's office located in Gyeyang-gu Incheon Gyeyang-gu Incheon, paid 2.30,000 won to the third party because the victim E (the age of 56), followed the issue of compensating the third party for 2.30,00 won, and the victim assaulted the defendant by drinking the defendant, thereby making use of b3 cm (the length 23 cm) which is a dangerous object in the same office room, and made it difficult for the victim to know the number of days of treatment on the part of the victim, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding E;

1. Application of Acts and subordinate statutes to parts, such as E, and 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. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of recommending punishment] Type 1 (Habitual Injury, Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodily Injury, Bodi Bodi Bodily Injury, Special Bodi Bodi Bodi Bodi Bodi Bodi Bodily Injury) (Article 62(1) of the Act on the Suspension of Execution (Article 62 of the Criminal Procedure) (Article 1-6) of the mitigated area (Article 1-6 of the Punishment Act) (Article 1-6 of the Punishment Act). The sentence shall be determined as ordered in consideration of the fact that there is no past record that