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(영문) 인천지방법원 2016.05.12 2014고단9150

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On September 26, 2014, around 05:00, at the Bupyeong-gu Incheon Bupyeong-gu Square, the Defendant sought to walk together with the victim C (the victim South and the age of 55) to drink with other people. However, the Defendant tried to walk together with the victim’s words “low, fringing, drinking.” However, the Defendant saw the part of the shouldered disease, which is a deadly weapon in the surroundings, around 16, 2014, at around 05:0, 3 times and continued to go back with the victim’s head part.

As a result, the victim suffered a diversative disorder that requires a diversified treatment for about 3 weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes concerning photographs and victim photographs;

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (the following grounds for sentencing)

1. The sentencing criteria are not set for special injuries in the application of the sentencing criteria;

2. In full view of the fact that the Defendant, who was sentenced to punishment for the same kind of crime, committed again the instant crime even though he/she had the record of punishment, the degree of injury of the victim, the failure to reach an agreement with the victim, the Defendant has no record of punishment exceeding the fine, and the Defendant’s age, occupation, sex, environment, and all the conditions of sentencing indicated in the record, including the following circumstances before and after the instant crime, the sentence like the order shall be determined.