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(영문) 인천지방법원 2014.07.10 2014고단3456

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 May 4, 2014, at around 21:30, the Defendant, while drinking alcohol together at the house of the victim D (the age of 46) located in Namdong-gu Incheon Metropolitan City 101, on the ground that the victim was able to make the horses without permission, and the Defendant was flickly injured the victim on the left side of the victim by flickly flicking, flicking, and flickly flicking, which is a dangerous object at that place (the total length of 20cm).

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes to photographs of damaged victims;

1. Relevant Article 3 (1) or 2 (1) 3 of the Punishment of Violences, etc. Act, and Article 257 (1) of the Criminal Act concerning facts constituting an offense;

1. Mitigation: Articles 53 and 55 (1) 3 of the Criminal Act;

1. Suspension of execution: Reasons for sentencing under Article 62 (1) of the Criminal Act (the fact that the agreement is reached, the fact that there is no previous conviction or higher than the suspension of execution): Special mitigation factors in the area of special injury (one to half years) : In the area of mitigation of punishment, non-conformity of punishment, and minor injury;