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(영문) 인천지방법원 2013.06.18 2013고단2777

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

At around 23:20 on May 16, 2013, the Defendant, at the Dju located in Bupyeong-gu Incheon Bupyeong-gu, Bupyeong-gu, Incheon,, on the ground that the victim E (38 years of age) was self-esteemed to the effect that he was able to self-esteem her “highly work”, and the Defendant, at the Dju station located in Bupyeong-gu, Bupyeong-gu, Incheon, would have caused an injury to the victim on the part of the ma in the number of days of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Application of statutes on site and victim 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. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., the confession of the crime by the defendant, the agreement with the victim that the victim does not want the punishment of the defendant, the victim does not have any previous conviction exceeding the fine, the degree of injury is relatively minor, and the family environment, etc. of the defendant is considered);

1. Article 62 (1) of the Criminal Act ( repeatedly considering the preceding circumstances);