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(영문) 인천지방법원 2014.08.14 2014고단361

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

The defendant is a worker at the construction site of day duty and is a post-ship with the victim C(the age of 44).

At around 02:20 on January 1, 2014, the Defendant continued to see that the victim, who was under drinking with the said victim, was her age more than the Defendant, was her half at several times, and she was her half at the E station located in Seo-gu Incheon, Seo-gu, Incheon, and caused injury to the victim, such as thalin, which requires approximately 14 days of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Application of the Acts and subordinate statutes governing bodily injuries;

1. Relevant Article 3 (1) or 2 (1) 3 of the Punishment of Violences, etc. Act, and Article 257 (1) of the Criminal Act concerning facts constituting an offense;

1. Mitigation: Articles 53 and 55 (1) 3 of the Criminal Act;

1. Suspension of execution: Article 62 (1) of the Criminal Act;

1. Criteria for sentencing under Article 62-2 of the Criminal Act: The area of mitigation among special injury, special mitigation factors: One year and June through two years and six months: Taking into account all circumstances, such as the fact that there exists a minor criminal conviction of the same kind of bodily injury, but there is no criminal conviction of the same kind of suspension of execution or more, minor injury