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(영문) 인천지방법원 2015.11.04 2015고단5737
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 3, 2015, the Defendant, at around 16:30, performed alcohol together with the victim C(64 years of age) in Incheon-gun, Incheon-gun, where the head of the victim was fluored, and caused injury to the victim such as cerebral dys that require treatment for about 14 days.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Records of seizure, lists of seizure and photographs of seized articles;

1. A written diagnosis of injury;

1. Application of the Acts and subordinate statutes governing victim part 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 48 (1) of the Criminal Act;

1. Where the mitigation area (one year and six months to two months), the mitigated area (one year and six months to six months), the penal penalty (including serious efforts to recover damage), or considerable partial damage is recovered in the area of mitigation (including a person subject to special mitigation), the penal penalty of which (including a serious effort to recover damage), or the penal penalty of which is imposed on the sentencing guidelines;

2. In this case, the sentence of sentence is rendered on the ground that the defendant brings the head of the victim into the brick, which is a dangerous thing under the influence of alcohol, and the nature of the crime is not very good;

However, in light of the fact that the defendant recognized the crime of this case, the fact that the defendant agreed smoothly with the victim, the fact that there is no record of a crime above the same kind and suspended execution, the defendant's age, character and behavior, environment, motive and circumstance leading to the crime of this case, circumstances after the crime, etc., the punishment as ordered shall be determined.

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