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(영문) 인천지방법원 부천지원 2012.11.30 2012고단1748

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

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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 September 20, 2012, the Defendant: (a) around 22:40 on September 20, 2012, while drinking the victim D (year 43) and drinking alcohol at the main point of Kimpo-si, Kimpo-si, on the ground that the victim was able to speak and take a bath notwithstanding his age, and (b) the victim was able to take the head of the victim at one time with a beer disease, which is a dangerous object on the table, and was able to take the face of the victim by drinking.

As a result, the Defendant inflicted bodily injury upon the victim in the absence of treatment days.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of police suspect regarding D;

1. Statement to E by the police;

1. CCTV photographs;

1. Application of on-site photographs and Acts and subordinate statutes concerning damaged parts;

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 (i.e., reflectivity, contingent crimes, relationship with the victim, agreed point with the victim, age, character and conduct, environment, etc.);

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary mitigation)

1. It is so decided as per Disposition on the grounds of not less than Article 62-2 of the Criminal Act on Probation;