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(영문) 인천지방법원 2014.06.17 2014고단1928
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
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 20:50 on January 13, 2014, the Defendant, while drinking alcohol in D in Bupyeong-gu Incheon Metropolitan City on the ground that the victim E (the age of 41) was under the influence of alcohol, assaulted the victim E, such as booming the buck and drinking the victim’s face, etc., and then booming the knick, which was a deadly weapon in the main bank, and booming the knick part of the victim F (the age of 45) who was at the end of the buckbuck, put the victim F on the part of the buck which was at the left left side of the victim F (the age of 45).

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding E;

1. The statement of each police officer made to F and G;

1. Application of Acts and subordinate statutes to photographs of victims;

1. Relevant Article of the Criminal Act, Article 260 (1) of the Criminal Act (the point of violence and the choice of imprisonment), Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act, and Article 257 (1) of the Criminal Act concerning the crime (the point of injury by carrying a deadly weapon);

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

1. Article 62 (1) of the Criminal Act;

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

1. Scope of recommended sentences according to the sentencing criteria;

(a) A crime under subparagraph 1: A mitigated area (one year and six months to two months) (one year and six months), which is in violation of the Punishment of Violences, etc. Act (the range of recommending punishment), and a repeated injury, repeated injury, and special injury by a person: A person who has committed a crime under Article 1 of the Punishment of Violences, etc. Act;

(b) Second offense: The basic area (two months to October) of the crimes of assault (argument range) and the first category of the crimes of assault;

(c) The scope of final sentence due to the aggravation of multiple offenses: Imprisonment with prison labor for a year and six months to two years; and

2. The crime of this case, which was sentenced to punishment, committed by using a knife, which is a deadly weapon, and was committed by the victim. In light of its danger, the crime of this case was committed in a manner unfavorable to the defendant, with the character of the crime and the fact that it is not good to commit the crime, and there are circumstances that can be taken into account the circumstances of the crime of this case, and the victim F.

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