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(영문) 인천지방법원 2015.05.20 2015고단764
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

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

Reasons

Punishment of the crime

On June 13, 2014, the defendant was sentenced to a suspended sentence of one year by imprisonment with prison labor for a violation of the Road Traffic Act at the Incheon District Court on the 21st of the same month, and the above judgment becomes final and conclusive and is still under the suspended sentence.

On November 10, 2014, the Defendant: (a) around 03:15, at the head of “D,” located on the second floor of the Incheon Reinforcement-gun C Building, the Defendant: (b) was able to take care of the inside part of the victim, such as the victim E (Nam and 55 years old); (c) took care of the inner part of the victim, which is a dangerous object in the place, and (d) took care of the head of the victim, and inflicted an injury on the victim, such as the internal part and scambling, which requires approximately two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Seizure records;

1. A written diagnosis of injury;

1. Previous records of judgment: Application of Acts and subordinate statutes to criminal records, references to criminal records, amounts of dispositions, results of confirmation, and reporting;

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. Since discretionary mitigation of punishment pursuant to Articles 53 and 55(1)3 of the Criminal Act resulted in the instant crime during the period of suspended sentence of punishment, it is not good that such crime is committed.

However, in consideration of the fact that the defendant is against the crime of this case, the degree of injury is not so significant, and other various sentencing conditions such as the defendant's age, character and conduct, environment, motive and circumstances after the crime, etc., the punishment as ordered shall be determined.

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