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(영문) 인천지방법원 2014.05.15 2013고단7587
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

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

Reasons

Punishment of the crime

On July 9, 2013, at least 22:30 on July 22, 2013, the Defendant: (a) at two singing practice rooms located in Yeonsu-gu Incheon, Yeonsu-gu, Incheon; (b) the victim E (Nam, 53 years of age) laid the can beer, which is a dangerous thing that the Defendant drinks in the above singing room and takes a bath; and (c) the can beer, which is located in the part of the victim’s eye, brought about approximately 56 days of treatment to the victim.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Statement made by the police in relation to E, F and G;

1. Application of the respective Acts and subordinate statutes described in the statement of opinion and injury diagnosis;

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

1. Application of the sentencing guidelines [type of crime]: Habitual injury, repeated injury, and special injury resulting from repeated injury, repeated offense, injury resulting from special injury (type 1) and special injury (special injury resulting therefrom): Reduction factors of punishment (specific person): In the area of mitigation of punishment [the scope of decision and recommendation in the recommended area]: One year and six months to two years and six months;

2. The decision of sentencing was made by the defendant partially deposited money to the victim, and the victim does not want the punishment of the defendant, but the result of damage caused to the victim after the crime of this case is too serious and the victim does not recover from actual damage. In full view of all sentencing data such as the defendant's age, character, conduct and environment, the punishment as ordered shall be determined.

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