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(영문) 인천지방법원 2015.04.09 2015고단833

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 became final and conclusive.

Reasons

Punishment of the crime

On December 22, 2014, the Defendant, at D's house located in Gyeyang-gu Incheon Gyeyang-gu Incheon, 18:52, performed alcohol with the victim E (year 57) on the ground that the victim's horse speculation was prevented, and the Defendant, on the ground that the victim's horse speculation was prevented, caused the fluencing of the fluoral disease to flow the fluoral disease into his hand, and caused the fluoral disease to put the head of the victim's hair one time.

As a result, the Defendant carried a disease, which is a dangerous thing, and carried the victim with a ductating "ductal" that requires the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to the site of the case and photographs of damaged parts;

1. Articles 3(1) and 2(1)3 of the former Punishment of Violences, etc. Act (Amended by Act No. 12896, Dec. 30, 2014); Article 257(1) of the Criminal Act concerning criminal facts

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Reasons for sentencing under Article 62 (1) of the Criminal Act of the suspended sentence [Scope of Recommendation] The sentence shall be determined as shown in the Disposition, taking into consideration the following: (a) the mitigated area (one year and six months to two months) (one year and six months); (b) the mitigated area (a) (a) (a person who has been subject to special mitigation] (a person who has been sentenced to a sentence] the high risk of committing a crime, such as the price of the victim due to a prone disease; (c) the fact that the victim has agreed with the victim; (d) there is no criminal record exceeding the fine; (e) the recognition and reflects of the crime; and (e) the Defendant’s age, character and conduct, environment, motive and circumstances leading to the instant crime;