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(영문) 인천지방법원 2014.08.27 2014고단4767
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

On June 19, 2014, at around 23:15, the Defendant, while drinking alcohol with the victim E (the age of 47) in Seo-gu Incheon, Seo-gu, Incheon, and engaging in a dispute with the victim, he collected aler’s disease, which is a dangerous object on the table of the table, and taken one time the head of the victim.

As a result, the defendant carried dangerous objects, carried the victim's unclaimed face and the victim's side side.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding E;

1. Application of Acts and subordinate statutes to photographs of damaged parts;

1. Article 3 (1) and Article 2 (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes, Articles 2 (1) and 257 (1) of the Criminal Act;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act on probation and community service order;

1. Reduction area (one year and six months to two years) (one year and six months) of the mitigated area (one year and six months to six months) of the mitigated area (a special mitigation area) of Category 1 (Habitual Injury, Bodily Injury, Bodily Injury and Special Injury) shall not be punished, within the scope of the recommended sentence according to the sentencing guidelines;

2. A suspended sentence shall be pronounced and sentenced in consideration of the fact that the defendant who was sentenced to the punishment of this case led to the confession and reflect of the crime of this case, and that the victim does not want the punishment of the defendant by mutual consent with the victim, and the age, character and conduct, environment, motive and circumstances leading to the crime of this case, circumstances after the crime, etc.,

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