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(영문) 인천지방법원 2014.11.06 2014고단6221

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

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

Reasons

Punishment of the crime

On April 8, 2014, at around 23:20, the Defendant: (a) requested the victim to pay the drinking value from the victim in the Namdong-gu Incheon Metropolitan City “E” Da (50 years of age); (b) took parts of the victim’s neck by hand; (c) carried out the victim’s breath; and (d) took 500cc beer c beer, which is a dangerous object on the table table, carried out the victim’s head by gathering the 500cc beer, and inflicted injury on the victim, such as an open head cover, which requires approximately three weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Photographs of an injured part of the victim;

1. Application of the Medical Certificate (D) Acts and subordinate statutes;

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. Reasons for sentencing under Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The scope of the recommended sentence according to the sentencing guidelines [the range of the recommended sentence] shall be the basic area (two to four years) of the type of habitual injury, repeated injury, and special injury (Habitual injury, repeated injury, special injury) (two to four years) (no special person).

2. Although the defendant who made a decision of sentence is divided into his mistake, the defendant is highly likely to commit the crime of this case, and the defendant again commits the crime of this case even though he had the same kind of criminal record, and is not agreed with the victim, it is inevitable to sentence the defendant as a sentence.

However, the above circumstances shows that it was difficult for the defendant to live a normal life due to suffering of liver quality, which seems to have caused excessive drinking habits, and other circumstances such as the defendant's age, character and conduct, environment, and circumstances after the crime, etc., which are conditions for sentencing specified in the records and pleadings, shall be considered and judged as ordered by the sentencing guidelines.