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(영문) 인천지방법원 부천지원 2015.12.22 2015고단2163

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

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

Reasons

Punishment of the crime

The defendant is a director of the "C" Association of Persons with Disabilities, who is an incorporated association, and the victim D (the victim 51 years of age) is a director of the above Association.

At around 09:30 on July 13, 2015, the Defendant dialogueed with the Kimchi Delivery Board in relation to the preparation of the first food in the foregoing Association office located in Seocheon-gu, Seocheon-gu, Seocheon-gu. However, the victim was cut the Defendant’s horse in the middle and said delivery Board “Isk and flish” to the above delivery Board, and the flicker, which is a dangerous object, was on the part of the victim’s body.

As a result, the Defendant carried dangerous articles with the victim and put about approximately four weeks of medical treatment, which was closed down the bones, etc.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Statement of D police statement;

1. Medical certificates and records related to injury;

1. Application of the Acts and subordinate statutes on the body and photograph of the victim;

1. Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act and Article 257 (1) of the Criminal Act concerning the crime;

1. The reasons for sentencing [the scope of recommending sentence] under Articles 53 and 55(1)3(3) of the Criminal Act for discretionary mitigation [the reasons for sentencing] have no basic area (2-4 years and more) (2-years) (a special person] (a decision of sentencing] (a decision of sentencing] under Articles 53 and 55(1)3(3) of the Criminal Act for discretionary mitigation and there is no reason for sentencing [the scope of recommending sentence] under the category 1 (Habitual Injury, Habitual Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi.

- Unfavorable circumstances: The fact that the steel maker was dead to the victim, the degree of injury of the victim cannot be deemed to be less than that of the victim, the fact that the victim wants to punish the defendant - the fact that the victim is placed in substitution for the crime, the fact that it seems to be against the situation that the defendant is faced, and the sentencing conditions set forth in Article 51 of the Criminal Act.