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(영문) 인천지방법원 부천지원 2015.09.18 2015고단2185

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 03:00 on July 17, 2015, the Defendant argued that the Defendant’s daily drinking at the “Dju shop” located in Bupyeong-gu, Yacheon-gu C2 caused the Defendant’s daily drinking by drinking alcohol from the next table table E (20 years of age) and the trial rain. On the other hand, the Defendant divided the Defendant’s kind of water into the Defendant’s prone to the Defendant’s prone F, thereby causing the Defendant’s head and injury, such as the two parts of the number of days of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. A victim and on-site photograph;

1. Application of Acts and subordinate statutes to investigation reports (as to the statement of business owner at the D main office);

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 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., agreed with the victim, points scheduled to enter the military, points scheduled to be admitted to the military, confession and reflect, the first offender, etc.);

1. Article 62 (1) of the Criminal Act on the suspension of execution (the forward consideration shall be repeatedly given in favor of the former);