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(영문) 인천지방법원 부천지원 2015.12.29 2015고단3206

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

A defendant shall be punished by imprisonment for not more than ten 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

Under the influence of alcohol, the Defendant had weak ability to discern things or make decisions.

At around 03:10 on January 29, 2015, the Defendant collected 300cc c beer residues, which is a dangerous object, while drinking alcohol together with the victim E (the victim E (the age of 27) who was known to the ordinary place of view at Bupyeong-si, Seocheon-si, 2015, and unloaded the part of the victim’s head once.

Accordingly, the defendant carried dangerous articles and put the victim into a ductal part of the treatment days.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to each photograph, each investigation report, requests for investigation cooperation (request for dispatch of first-aid services) and copies of emergency records;

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. Articles 10(2) and 55(1)3 of the Criminal Act that statutory mitigation is legally mitigated [a person with mental disability] of the Criminal Act (see, e.g., Supreme Court Decision 93Do2701, Dec. 7, 1993; 93Do2701, Dec. 7, 1993)

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. The reason for the suspended sentence under Article 62(1) of the Criminal Act (a favorable circumstances among the reasons for the suspended sentence) is [the scope of the recommended sentence] The special mitigation area (9-2 and 6 September), the special mitigation area (9-2) of the type 1 of habitual injury, repeated injury, and special injury (a repeated injury, repeated crime, injury and special injury) [a person who is not subject to special mitigation], the state of mental illness (including a person who is not subject to special mitigation), the state of not subject to punishment (including a serious effort to recover damage), or the state of considerable damage (a decision on the suspended sentence] The defendant has inflicted an injury by using the beer residues, which is a dangerous object, using the beer residues.

However, the defendant is replaced by a crime.