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(영문) 인천지방법원 2013.04.30 2013고단915

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 22, 2012, at around 01:15, the Defendant: (a) brought an injury, such as two flives, which requires treatment for about 21 days, on the ground that a male, whose name is unknown, who was danced in the Nam-gu Incheon Metropolitan City CNeco clubs, told Defendant’s daily behaviors, “lance” and carried out a dangerous article on the table, which was located on the table, carried out by the Defendant, and carried out an injury, such as two flives, which requires treatment for about 21 days, according to the head of the victim D (n, 30 years of age) who was sitting.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes of a medical certificate or plastic remote photograph;

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 200,000 won for the victim; Decision 200,000 won for the victim; Decision 200,000 won for the victim);

1. Article 62 (1) of the Criminal Act on the stay of execution (Consideration of the preceding circumstances, such as the family environment, etc. of the defendant);

1. Probation under Article 62-2 of the Criminal Act;