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(영문) 인천지방법원 2014.09.24 2014고단4888

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

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

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 1, 2014, at around 22:35, the Defendant collected beer disease, which is a dangerous object on the table of the victim, on the ground that drinking alcohol together with the victim E (age 58) is bad in the victim’s horses, from Dhop located in Seo-gu Incheon, Seo-gu, Incheon, and caused the victim’s head one time.

As a result, the defendant carried dangerous objects with the victim's face side of treatment days.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes on site photographs of injuries;

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 (Considerations, etc. agreed with the victim);

1. The defendant's defense counsel's defense of the defendant's defense of the suspended execution under Article 62 (1) of the Criminal Act asserts that the defendant was in a state of mental or physical disability under the influence of alcohol at the time of the crime of this case. Thus, according to the records, the defendant's defense counsel's defense of the defendant's defense at the time of the crime of this case is found to have drinking at the time of each crime of this case, but in light of all the circumstances such as the contents of the crime committed by the evidence, the defendant's behavior before and after the crime of this case, etc