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(영문) 인천지방법원 2015.03.19 2015고단20
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 of the final judgment.

Reasons

Punishment of the crime

The defendant around 23:52 on December 25, 2014, the victim C (54 years of age) was changed from E Sarina located in Namdong-gu Incheon Metropolitan City D on the ground that the victim C (54 years of age) changed the defendant.

Accordingly, the Defendant had the victim tear the face of the victim about five times with plastics (13 cm in length), which is a dangerous object, and caused the victim to tear about 1.5 cm in the end, and 2 flag in the end.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of the Acts and subordinate statutes governing CCTV photographs, such as victim photographs;

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;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. Reasons for the sentencing of Articles 32(1) and (2) and 25(3)3 of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings for the Dismissal of Application for Compensation (where the scope of liability for compensation is not clear), types of punishment [decision of type] [decision of the area of recommendation] types 1 (Habitual Injury, Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodily Injury) (decision of the area of recommendation] basic area / [decision of the area of recommendation] 2 to 4 years [decision of the area of recommendation] - Reasons for general reference / there is no positive deposit, no criminal record of more than suspended execution [decision of sentence] deposit of 1230,000 won for the victim, and no criminal record of more than suspended execution, etc.

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