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(영문) 인천지방법원 부천지원 2014.10.30 2014고단2286
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

On August 31, 2014, around 03:53, the Defendant suffered a long-term deal of people from the victim E (the age of 44) who is a workplace partner, within the scope of the "Dju's store located in Seocheon-gu, Seocheon-gu, Nowon-gu, Seoul." On August 31, 2014.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement to E by the police;

1. Application of the Acts and subordinate statutes to report damage photographs and internal death;

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. The defendant and his/her defense counsel's assertion on the suspended execution under Article 62 (1) of the Criminal Act (the same as the grounds for discretionary mitigation) asserts that the defendant was in a state of mental disorder under the influence of alcohol at the time of the crime.

According to the records, although the defendant's drinking at the time of the above crime is recognized, it cannot be seen that the defendant's ability to discern things or make decisions has been weak or lost. Thus, the above assertion is rejected.

Reasons for sentencing

1. Scope of the recommendation [Determination of types of punishment] Sentencing for violent crimes, sentencing criteria for repeated injury, repeated injury, special injury (type 1) and special injury (type 1): Reduction factors: Imprisonment with prison labor for a year and six months from June to June (Mitigation of mitigation) of a year and six years;

2. Determination of sentence: One year and six months of imprisonment, and two years of suspended sentence, the defendant used the main illness, which is a dangerous object, to inflict an injury on the defendant, and the liability for the crime is not minor;

However, the age, character and conduct of the defendant, and circumstances after the crime are committed, such as the fact that the defendant has been led to confession of the crime, that the victim does not want the punishment against the defendant, that there is no record of criminal punishment against the defendant.

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