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(영문) 인천지방법원 2015.09.16 2014고단5029

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

At around 00:30 on June 4, 2014, the Defendant, within “E” located in Namdong-gu Incheon Metropolitan City, inflicted injury on the victim in the number of days of treatment by gathering the two-way disease, which is a dangerous object on the table, where he would have been subjected to paragraph (32) on the grounds of his ordinary work, etc., and by gathering the beer’s disease, which is a dangerous object on the table, and by gathering the beer’s the part on two occasions, which is a dangerous object, the Defendant sustained twice the part on the part of the victim, and led the victim to tearing the ma of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. Application of Acts and subordinate statutes to photographs of the upper part of the body;

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 defendant and his/her defense counsel's assertion on discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act, asserts that the defendant was in a state of mental disability under the influence of alcohol at the time of committing the instant crime.

According to the records, it is recognized that the defendant had drinking alcohol at the time of crime, but it does not seem that the defendant lacks the ability to discern things or make decisions.

Therefore, the defendant and defense counsel's above assertion is not accepted.

Reasons for sentencing

1. Where the scope of the recommended sentence on the sentencing guidelines [the scope of the sentencing guidelines] is reduced (one year and six months through two years and six months), the area of mitigation (including a person who has been specially mitigated), the area of punishment not subject to punishment (including a serious effort to recover damage), or considerable damage is recovered;

2. The decision of the sentence of this case is underway and reflects the crime of this case, and the fact that the defendant was agreed with the victim is favorable, and the crime of this case is committed without being aware of it during the period of suspension of execution of the same crime, and the period of suspension of execution is over.