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(영문) 인천지방법원 2015.04.23 2015고단1035
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)
Text

A defendant shall be punished by imprisonment for 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 January 21, 2015, at around 02:20 on January 21, 2015, the Defendant assaulted the victims, such as the victim E (52 years of age) and F (50 years of age) who have been a customer, who had a conflict with the victim E (52 years of age) and the double drinking value.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of statutes on site photographs;

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning the crime concerned, Article 260 (1) of the Criminal Act;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., the violation of criminal conduct and the absence of any record of criminal punishment exceeding a fine);

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (recognition of the grounds for discretionary mitigation) [Scope of recommending] the scope of the crimes of assault and crime of Type VI (Habitual Cumulative Offense, Cumulative Offense, Special Violence) (Article 62 (1) of the Criminal Act) where the extent of assault and assault is insignificant (Article 1, 6, and 7) (Article 62 of the Criminal Act) (Article 62 (1) (Article 62 of the Criminal Act)

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