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(영문) 인천지방법원 2014.07.14 2014고단3375

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

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 became final and conclusive.

Reasons

Punishment of the crime

On April 20, 2014, at around 16:24, the Defendant, at the office of the Defendant located in the Nam-gu Incheon Metropolitan City C and the second floor, inflicted bodily injury upon the victim's head two times due to beer disease on the ground that the victim did not pay the victim D (year 47) and alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of field photographs, damage photographs statutes;

1. Article 3 (1) and Article 2 (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes, Articles 2 (1) and 257 (1) of the Criminal Act;

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. Grounds for sentencing under Article 62 (1) of the Criminal Act, which has been repeatedly imposed;

1. Reduction area (one year and six months to two years) (one year and six months) of the mitigated area (one year and six months to six months) of the mitigated area (a special mitigation area) of Category 1 (Habitual Injury, Bodily Injury, Bodily Injury and Special Injury) shall not be punished, within the scope of the recommended sentence according to the sentencing guidelines;

2. A suspended sentence shall be imposed in consideration of the fact that the defendant who was sentenced to the punishment of this case led to the confession and reflect of the crime of this case, and that the victim does not want the punishment of the defendant, and the age, character and conduct, environment, motive and circumstances leading to the crime of this case, circumstances after the crime, etc. are considered, and the suspended sentence shall be determined as ordered.