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(영문) 인천지방법원 2015.02.06 2014고단8900

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

Reasons

Punishment of the crime

On October 23, 2014, around 15:40 on October 23, 2014, the Defendant laid down a hack pipe (1m, diameter 5m in diameter) which is a dangerous object on the floor of the Defendant and laid down a hack pipe (1m, 5m in diameter) on the ground that the victim E (the age of 29) was unfring the Defendant at the construction site of the Incheon B apartment in front of the Seo-gu Incheon Metropolitan City, and took part in the Defendant’s work under the jurisdiction of the Defendant, and caused the victim to the left part of the Plaintiff’s left part, which requires approximately three weeks medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. A written diagnosis of injury;

1. Application of each statute on 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. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The scope of the recommended sentence on the sentencing guidelines [the scope of the recommended sentence] the basic area (two to four years) of the types of habitual injury, repeated injury, and special injury (Habitual injury, repeated crime injury and special injury) (two to four years) (no special person)

2. According to favorable circumstances, the Defendant’s decision on the sentence of this case recognized the offense of this case, and the fact that the Defendant deposited for the victim is a dangerous thing, and the fact that the Defendant inflicted an injury on the victim by putting the hack pipe, which is a dangerous thing, is not good, and the fact that no agreement has been made with the victim is not reached, shall be considered disadvantageous circumstances, and the punishment as ordered shall be determined by taking into account the Defendant’s age, character and conduct, environment, motive and circumstance leading to the instant offense, circumstances after the crime