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(영문) 인천지방법원 2015.08.31 2015고단2840
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 25, 2015, the Defendant: (a) around 20:53, in the course of drinking and drinking alcohol in the “Ecafeteria” operated by the victim D (Inn, 31 years of age) located in Gyeyang-gu Incheon Gyeyang-gu, the Defendant: (b) took a bath to the victim on the ground that the number of the class of the class of the class of the class of the class of the class of the class of the class of the class of the class of the class of the class of the class of the class of the class of the class of the class of the class of the class of the class of the class of the class of the class of the class of the class of the class of the class of the class of the class of the class of the class of the class of the class of the class of the class of the class of the class of the class of the class of the class of the class of the class of the class of the class of the class of the class of the class of the class of the class of the class of the class of the class of the class.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A written diagnosis of injury;

1. Application of the photographic Acts and subordinate statutes;

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

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act [Scope of Recommendation] : (a) category 1 (Habitual Injury, Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodily Injury, Special Injury) (1 year and 6 months), the mitigation area (1 year and 6 months to 2 months) (including a special mitigation), the punishment is not imposed (including a serious effort to recover damage) or considerable damage is recovered; (b) there is no record of the crime exceeding a fine after 1997; (c) the crime of this case was committed in a contingent manner under the influence of alcohol; (d) the fact that an agreement with the victim was reached on August 10, 2015 is favorable; and (e) the victim may have the same or same criminal record and several times of probation or fine; and (e) the victim, even if having explained in detail the number of the Mandong Man New Bodi Bodi Bodi Bodi Bodis, a dangerous object, thereby causing injury to the victim.

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