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(영문) 인천지방법원 2014.07.03 2014고단2489

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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 01:30 on March 4, 2014, the Defendant: (a) sounded “D” in Seo-gu Incheon, Seo-gu, Incheon; (b) on the ground that the victim E (50 years of age) went against the Defendant, “this son and Ma,” and (c) was flicked, an empty object on the table of the table, thereby getting off the victim’s head at one time.

As a result, the Defendant inflicted bodily injury on the victim, such as the 21-day medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. A report on investigation;

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. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act [Scope of Recommendation] In the case of habitual injury, repeated injury, and special injury (Habitual Injury, Bodi Bodi Bodily Injury) [1 and 6-2 months] mitigation area (1 year and 16-2 months), [Special Mitigation] effort to recover damage, or recovery from considerable damage (a decision of sentence] partial deposit of damage amount, the Defendant’s age, character and behavior, family environment, the circumstances leading to the instant crime and result thereof, including the Defendant’s age, character and behavior, family environment, as well as the circumstances leading to the instant crime, the same power (in particular, after punishment of a fine was imposed for the same kind of crime in 2013), etc., the sentence shall be determined as ordered by the Disposition, taking into account the various sentencing factors indicated in the records and arguments of the instant case, including the following: