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(영문) 인천지방법원 부천지원 2015.04.01 2015고단35

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

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

Reasons

Punishment of the crime

On December 13, 2014, the Defendant: (a) around 1:30 on 1:30 December 13, 2014, the Defendant: (b) Da’s “D”, which was punished by the victim E (56 years of age) and Si expenses, laid down the part of the victim’s hand from the victim; (c) laid down the victim’s arms over the floor by cutting down the victim’s arms; and (d) laid down the victim’s head, which is a dangerous object on the table table, laid down the victim’s body, boomed the victim’s head, which was above the floor, caused the victim’s injury, such as brain silty, for which four weeks of treatment is required.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement in the police statement of E;

1. Application of Acts and subordinate statutes stated in a written diagnosis;

1. Articles 3(1) and 2(1)3 of the Punishment of Violences, etc. Act regarding criminal facts, and Article 257(1) of the Criminal Act (a) of the Criminal Act (see, e.g., Articles 3(1) and 2(1)3 of the Act on the Punishment of Violences, Etc. (see, e., Supreme Court Decision 2006Da14488, Apr. 1, 2006) (see, 2008; 206Da1448, Apr. 2, 2006))

1. Reasons for sentencing (the meaning of recommendation) under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation [the scope of punishment] under types 1 (Habitual Injury, Bodi Bodi Bodi Bodi Bodily Injury, Bodily Injury, Special Bodi Bodi Bodily Injury) (one year and six months from one year to two years), the mitigation area (one year and six months), [the decision not to punish a victim] under Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (the decision not to punish a victim at the time of the police investigation, and the fact that the crime of this case was committed in favor of the defendant.

However, regardless of the above favorable circumstances.