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(영문) 인천지방법원 2015.10.28 2015고단4637

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

around 15:00 on August 2, 2014, at the defendant's house located in Bupyeong-gu Incheon metropolitan apartment 5:408, the defendant had the victim Do and the victim E (the age of 17) kneekele for the reason that the victim's knee is not stolen, etc., and had the victim kneekele with his kneeknee one time by hand, the victim's face is knee one time with the victim's kneekne, which is a dangerous object, one time, and the victim continued to park her head on the floor, and 7-8 times the victim's face was caused by a small-scale disease.

As a result, the defendant, carrying dangerous objects, assaulted the victim, and inflicted an injury on the victim, such as a scarke, a scarke, in need of treatment for about 21 days.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

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 suspended sentence under Article 62(1) of the Criminal Act [the grounds for sentencing favorable to the reasons for sentencing] (Scope of recommendation] The basic area (two to four years) of habitual injury, repeated crime injury, and special injury (two to four years) [no person who has been subject to special punishment] [decision of sentence] The criminal records of exceeding a fine since 1985 have no record of crime exceeding the fine. The defendant's refusal to commit larceny in the future and his/her victim as well as his/her refusal to commit the larceny in the future, but the victim has refused it and caused any contingent occurrence to commit the crime of this case (15,16 pages of investigation records). After the crime of this case, after the crime of this case, the defendant called the victim's father to receive hospital treatment (in the face of nine pages of investigation records), the victim's deposit on October 26, 2015 and deposited KRW 100,000, the motive and circumstances of the crime of this case, the motive and circumstances of this case, etc.