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(영문) 인천지방법원 2015.03.19 2014고단6799

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 3 years from the date of the conclusion of the judgment.

Reasons

Punishment of the crime

On June 27, 2014, at around 08:05, the Defendant laid off golf bonds, which are dangerous objects in the middle of the country, and laid down the shoulder part and the e-mail part of the victim's left side for about three weeks of medical treatment. On June 27, 2014, at the front of the road located in the Nam-gu Incheon Metropolitan City, there was a dispute between the victim E (the age of 60) and the defendant's dismissal.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of the golf hedging photographs and the Acts and subordinate statutes governing damaged parts of the victim;

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Reasons for the sentencing of Article 62 (1) of the Criminal Act (determination of types of punishment) of the Act on the Suspension of Execution: Category 1 (Habitual Injury, Bodi Bodi Bodi Bodi Bodi Bodily Injury) (Special Bodi Bodily Injury): In the event that the mitigation element is unsatisfyed (including serious efforts to recover damage) or considerable damage has been restored (decision of the recommended area), the mitigation area (1 year to June 2 and June 6) (decision of the recommendation area), the mitigation area (1 year to June 6): there is no record of criminal punishment [whether or not the suspension of execution has no record of criminal punishment] - there is no record of positive criminal punishment, no record of criminal punishment (including serious efforts to recover damage) [decision of the sentence] 1 year and six months, and the suspension of execution three years;