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(영문) 인천지방법원 부천지원 2012.07.13 2012고단831

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 becomes final and conclusive.

Reasons

Punishment of the crime

At around 23:35 on August 2012, 2012, the Defendant d victim C (n, 52 years of age) in the Bupyeong-gu, Seocheon-gu, Seocheon-gu, Seocheon-si (hereinafter “E-mail”), she flick to the customers who were next to the Defendant while drinking alcohol, and she flicked the beer’s disease, which is a dangerous object on the table table, the victim blicked to the Defendant, and caused the injury to the victim, such as double rupture, which requires approximately two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

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. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., e., the crime committed in a friendly manner, the fact that the error is divided, the primary crime, the age, environment, etc. of the defendant);

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

1. Social service order under Article 62-2 of the Criminal Act;

1. It is so decided as per Disposition for not less than Article 32(1) of the Act on Special Cases concerning the Promotion, etc. of Lawsuits, etc. of Application for Compensation Order (the existence and scope of liability for compensation is unclear, and thus it is not reasonable to issue a compensation