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(영문) 인천지방법원 2015.04.10 2014고단4418
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. On May 22, 2014, the Defendant violated the Punishment of Violences, etc. Act (collective violence, deadly weapons, etc.) committed a assault on the part of the victim E (the age of 55) with his/her right shoulder and the right shoulder, etc. on the ground that he/she had already paid KRW 6,000 to the victim E (the age of 55) in Bupyeong-gu Incheon, Bupyeong-gu to the president. However, the victim refused to follow his/her instructions, the victim's face was calculated on one occasion with his/her own drinking, and the victim's right shoulder and etc. on one occasion with his/her own will, and assaulted him/her again on the part of the victim's right shoulder and etc. on the part of the latter.

2. On May 22, 2014, at around 21:30, the injured Defendant suffered injury, such as damage to the victim’s character, such as face that requires approximately two weeks of treatment, due to the fact that the said victim would drink the Defendant’s house while drinking alcohol, and would have to go to the Defendant’s house without drinking, and that malodor would return to the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. E prosecutorial statement;

1. Each police statement of E and F;

1. Application of Acts and subordinate statutes to photographs of the victim's face, diagnosis certificate, chair, and stairs of the suspect's residence;

1. Article 3 (1) and Article 2 (1) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes, Articles 2 (1) and 2 (1) of the Criminal Act, Article 260 (1) of the Criminal Act and Article 257 (1) of the Criminal Act (the point of injury and the choice of imprisonment with labor);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Reasons for sentencing under Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The scope of the recommended sentence for the sentencing guidelines is the category 1 of the crimes [the scope of the recommended sentence] and the category 6 (Habitual Offense, Habitual Offense, Special Violence) and the basic area (6-10 months) of the basic area (6-1 year and 10 months) [the scope of the recommended sentence] and the basic area (4-1 year and 6 months) of the basic area (4-1 year and 6 months) [the scope of the recommended sentence] of the aggravated punishment: the final sentence due to the aggravated punishment of multiple offenders who have no special person.

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