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(영문) 인천지방법원 2015.03.26 2015고단524
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

At around 04:40 on January 18, 2015, the Defendant: (a) while working and drinking at “D”, which is an exclusive control point located on the first floor of Bupyeong-gu Incheon, Bupyeong-gu, Incheon, the Defendant: (b) had a dancing by the victim E (E, South, and 26 years old) who was on the side table; (c) caused a defect to the Defendant’s side, which is a dangerous object located on the table; (d) caused a small-scale disease, which is a dangerous object on the table, and (e) has a head by the victim’s right side; (e) has continuously carried the victim’s right side shoulder with the shock, and (e) has a shouldered main disease that requires approximately two weeks of treatment to the victim, and (e) has an open headal wound that requires approximately two weeks of treatment to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to CCTV video CDs in the event of a bankruptcy plan D, CCTV-faging photographs, victim E-in photographs, and diagnostic records in the event of a merger plan D;

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. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation (i.e., that the degree of injury is not limited when compared to the same kind of crime under similar law) (i.e., that the degree of injury is not limited), [decision on the recommended area] the basic area [decision on the recommended area] 2 to 4 years / [decision on the sentence] 2 years / 4 years / [decision on the sentence] the head of a victim who is in a state of outflow due to a minor reason that the victim injured the defendant while dancing, and that the victim's chest and clothes are reached due to a defluence, so the risk of crime is very high, and the crime is also very poor.

However, in comparison with similar crimes, discretionary mitigation shall be made in consideration of the fact that the degree of injury is not severe, etc., and two years shall be sentenced to imprisonment, which is the lower limit of the recommended punishment.

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