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(영문) 인천지방법원 2014.08.21 2014고단4216
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant and the victim C (ma, 35 years of age) are between friendships.

On May 25, 2014, at around 08:25, the Defendant: (a) committed assault by the victim C at one time, with the victim C, at the “E restaurant” located in Nam-gu Incheon Metropolitan City, about 08:25, the Defendant her head f, and with the victim C, “I shall pay 5 million won if I lend her to B, and I shall pay her full payment of 5 million won.”

As a result, the defendant set two parts of the victim's need to receive approximately two weeks of treatment, which are different from each other.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Relevant Article 3 (1) or 2 (1) 3 of the Punishment of Violences, etc. Act, and Article 257 (1) of the Criminal Act concerning facts constituting an offense;

1. Mitigation: Articles 53 and 55 (1) 3 of the Criminal Act;

1. Suspension of execution: Article 62 (1) of the Criminal Act;

1. Order of community service: The sentencing guidelines for sentencing under Article 62-2 of the Criminal Act: The area of mitigation among special injury, and special mitigation factors in January through June: The fact that the victim has committed the crime of this case even though the victim is also liable for the occurrence of the crime, and the money has been deposited for the victim;

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