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(영문) 인천지방법원 2014.03.27 2013고단7936
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

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

except that 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

At around 01:20 on December 1, 2013, the Defendant, while drinking alcohol together with the victim E (year 21) in Bupyeong-gu Incheon Bupyeong-gu, Incheon, hereinafter “Dju shop,” caused the victim’s disease, which is a dangerous object that was placed in a customer with the victim, and caused the victim’s injury to the victim for approximately two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. Photographs;

1. A medical certificate;

1. Application of Acts and subordinate statutes for reporting internal accidents;

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of applicable sentences under Acts: Imprisonment for one year and six months to fifteen years; and

2. Application of the sentencing criteria;

(a) Determination of types: Violence crimes, special injury, and Type 1;

(b) Persons who are specially sentenced to punishment: The elements of mitigation;

(c) In cases of general persons: Reduction elements;

(d) Scope of recommendations: Reduction area, one year and six months from June to two years; and

3. Determination of sentence: Determination of sentence: Determination of sentence as ordered by the court, considering the following various circumstances, such as the method of punishment by a defendant who inflicts bodily injury on the victim by a major illness, which is a dangerous object for a period of one year and six months under the suspension of execution, method of punishment by a defendant, degree of damage by the victim, etc., the defendant's strict punishment should be required. However, the defendant appears to have led to confession and reflect against the defendant, contingent crime, the defendant's age, character and behavior, environment, motive, means and consequence of the crime, and other conditions of punishment specified in the oral proceedings, such as the defendant's age, character and behavior, environment, motive, means and consequence

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