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(영문) 인천지방법원 2015.11.19 2015고단6140

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

At around 23:50 on September 11, 2015, the Defendant: (a) discovered a DNA drinking house located in Gyeyang-gu Incheon, Gyeyang-gu, Incheon; (b) found the horses under the influence of alcohol and brought about the “police report” from the victim F (the age of 50) to the police; (c) discovered the back part of the victim’s head by hand; and (d) caused the victim’s head to the beer who was a dangerous object after having taken one time after having her head to the beer; and (d) caused the victim’s injury, such as the math, which requires two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A medical certificate;

1. Application of the photographic Acts and subordinate statutes;

1. Articles 3 (1), 2, and 2 (1) 3 of the Punishment of Violences, etc. Act concerning the crime concerned, and 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 [Determination of Punishment] (Habitual Injury, Bodily Injury, Bodily Injury] Type 1 (Habitual Injury, Bodily Injury and Special Bodily Injury): The mitigation element: [The scope of decision and recommendation in the area of recommendation] mitigation area, one year and six months to six months [general person] - Mitigation element: the mitigation element in light of the law and contents of the crime (decision of sentence] under the circumstances unfavorable to the defendant, the fact that the defendant does not want the punishment of the defendant, the fact that the defendant recognized the crime against the defendant, the fact that the defendant does not have the ability to punish the defendant, and the fact that the defendant does not have the ability to punish the punishment exceeding the fine shall be considered in consideration of favorable circumstances, and the punishment shall be determined like the order of the defendant under Article 51 of the Criminal Act, which is a condition for sentencing, such as the age, character and behavior of the defendant as shown in the records and arguments of this case, and the environment.