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(영문) 인천지방법원 2015.09.02 2015고단4028

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

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

Reasons

Punishment of the crime

At around 15:00 on March 9, 2015, the Defendant, while drinking alcohol such as the victim E (year 48) and F, who is a workplace club in Namdong-gu Incheon Metropolitan City, carried a boomer (12 cm in diameter, 7 cm in height) which is a dangerous object on the table, without any particular reason, carried a boomer (12 cm in diameter, 12 cm in height, 7 cm in height) which is a dangerous object on the table of the victim, and caused two government heats where the number of days of treatment cannot be known to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of the photographic Acts and subordinate statutes;

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. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation [the scope of recommendation] The sentence of this case is inevitable in light of the following: (a) the mitigation area (one year and six months to two months) of the type 1 (the areas of habitual injury, repeated injury, repeated crime, and special injury) [special mitigation] of the mitigation area; (b) the punishment (including serious efforts to recover damage) or considerable damage is recovered (the decision of sentence] of the same kind of fine; (c) the Incheon District Court sentenced imprisonment with prison labor for the crime of interference with business 6 months at the Incheon District Court on January 14, 2015; and (d) the crime of this case was committed without being informed of the fact that the said judgment became final and conclusive on January 22, 2015; and (d) the crime of this case was committed without being aware of the fact that the crime of this case was committed with dangerous goods without any justifiable reason during the suspension period; and (d) the quality of the crime of this case is not good.

On the other hand, on August 11, 2015, the sentencing conditions stipulated in Article 51 of the Criminal Act, such as the defendant's age, character and conduct, and environment, are considered.