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(영문) 인천지방법원 부천지원 2015.01.23 2013고단888

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

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

However, the above sentence against the defendant for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

At around 02:10 on April 13, 2013, the Defendant sent the victim’s face two times with free Cup, which is a dangerous article on the table, which was located on the table, on the ground that the victim E took a speech to fright the Defendant’s altitude, and the victim E took two times the victim’s face, on the ground that the victim E took a speech to fright the Defendant’s altitude.

As a result, the Defendant carried a dangerous glass World Cup, which is an object, and inflicted injury on the victim, such as cutting the pellet, which requires approximately four weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. On-site photographs;

1. A written diagnosis of injury;

1. A report on investigation;

1. Application of Acts and subordinate statutes, such as criminal records;

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 2009Da1548, Apr. 1, 2009);

1. Article 62 (1) of the Criminal Act on the suspension of execution;