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(영문) 인천지방법원 2014.05.13 2014고단1279

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

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

except that 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

Around 08:00 on December 2, 2013, the Defendant: (a) at the D Construction site located in D Construction at D&C at D&C at D & D on December 2, 2013; (b) demanded the victim E (age 47) to pay KRW 15 million wage; and (c) plucks, plucks, plucks, and plucks of the victim, and plucks of the victim’s head, by gathering a brick, which is a dangerous object at the same time.

As a result, the defendant carried dangerous things with the victim about six weeks of medical treatment, the defendant laid down the 1st half of the left-hand part of the water table which requires medical treatment, and laid down the two parts of the water table.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A medical certificate of injury;

1. Application of the Acts and subordinate statutes on photographs of the damaged part, bricks and photographs;

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Application of the sentencing guidelines (determination of types of punishment), violence, habitual injury, repeated injury, special injury, habitual injury, repeated injury, injury resulting from repeated offense, special injury (type 1) (special injury): Reduction factors: In the area of reduction of punishment [the area of recommendation and the scope of recommendation], the area of reduction of punishment [the area of recommendation and the scope of recommendation], one year and six months to six months;

2. Determination of sentence: (a) considering the background, content, method, etc. of the instant crime in light of the nature of the instant crime and its risk is not good; (b) considering the fact that the Defendant repented his mistake in depth; and (c) the fact that the Defendant agreed with the victim was smoothly agreed upon, the Defendant’s age, environment; (d) the motive and circumstance of the instant crime; and (e) taking account of all other circumstances, which are conditions for sentencing as shown in the records and pleadings, including the circumstances after the instant crime, the sentence is determined as ordered.