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(영문) 인천지방법원 2014.12.10 2014고단8349

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 November 2, 2014, at around 03:50, the Defendant reported that the victim E (year 31) in the “Dju” located in Yeonsu-gu Incheon Metropolitan City, would speak at the Defendant’s wife and the above spawn of the Defendant, and was aware of the Defendant’s wife and the Defendant’s wife, and caused the victim’s left face one time with a shoulderer disease, which is a dangerous and dangerous object, by cutting the victim’s head head debt, and continuously destroying the head debt, thereby reducing the victim’s left face of the treatment days.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to photographs of the body part of the victim;

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 (The following extenuating circumstances among the reasons for sentencing):

1. Grounds for sentencing under Article 62 (1) of the Criminal Act, which has been repeatedly imposed;

1. Reduction area (one year and six months to two years) (one year and six months) of the mitigated area (one year and six months to six months) of the mitigated area (a special mitigation area) of Category 1 (Habitual Injury, Bodily Injury, Bodily Injury and Special Injury) shall not be punished, within the scope of the recommended sentence according to the sentencing guidelines;

2. Determination of sentence shall be made in the same manner as the order is made, in consideration of the fact that the defendant who made the decision of sentence of this case confessions and objects to the punishment of the defendant, and that the victim does not want the punishment of the defendant, his age, character and conduct, environment, motive and circumstance leading to the crime of this case, circumstances after the crime, etc.