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(영문) 인천지방법원 2013.10.30 2013고단5481
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 31, 2013, at around 20:25, the Defendant reported the victim E (16 years of age) within the D convenience points in Namdong-gu Incheon Metropolitan City, Seoul, and assaulted the victim's right-math part of the right-hand part of the disease, which is a dangerous object, without any reason.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statement to E;

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 mitigations under Articles 53 and 55 (1) 3 of the Criminal Act ( normal consideration in favor of the accused among the reasons for sentencing below);

1. Article 62(1) of the Criminal Code of the Suspension of Execution (hereinafter referred to as the "Suspension of Execution") provides that the head of a victim shall be taken into consideration as a major disease, which is a dangerous thing for the defendant, in light of the method and method of the crime, etc., although the nature of the crime is poor, it is found that the defendant's mistake is recognized, that the person suffering from depression, etc. with old age, that the person seems to have reached the crime of this case by contingency while under the influence of alcohol, that there is no other criminal records except for those punished once by a fine in 1982, and that there is no other criminal records except for those punished once by a fine in 1982, and all other criminal sentencing conditions such as

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