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(영문) 인천지방법원 2015.12.24 2015고단6363
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

At around 00:00 on September 2, 2015, the Defendant collected the main disease, which is a dangerous object, on the front of the D cafeteria located in Namdong-gu Incheon Metropolitan City, without any special reason, while drunkly drinking, and inflicted injury on the victim E (the aged 55) who was in the Western currency on one occasion, such as “brupting a flood control that requires treatment for 28 days”.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Photographs of the face of a victim;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate (E);

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. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act [Scope of Recommendation] : Type 1 (Habitual Injury, Bodi Bodily Injury, Bodily Injury, Special Bodily Injury) (1 year and two years and six months) (1 year and six months)) of the mitigation area (1 year and six months), (1) of the mitigation area] of punishment (a person who is subject to special mitigation] of high risk of committing a crime ; (2) of the suspension of execution (1) of the sentence and six times of fine (including three times of violence); (3) the fact that the victim has agreed with the victim; (4) the degree of damage; (3) the Defendant’s age, character and conduct, environment; (4) the motive and background leading to the instant crime; and (4) the circumstances after the instant crime, etc.

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