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(영문) 인천지방법원 2015.01.23 2014고단8535
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 three years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On November 3, 2014, at around 23:30 on November 23, 2014, the Defendant cited beer disease, which is a dangerous object left in the customer, on the ground that the victim's appearance D (52 years of age) in the cafeteria of the second floor Incheon Seo-gu Incheon Metropolitan City, would give a serious bath to the Defendant's wife E, and then put the victim on the unfold face side of the treatment date.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Certificates of medical treatment;

1. Application of statutes on site photographs of the case

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Where the mitigated area (one year and six months to two years), the mitigated area (one year and six months to six months), the penal penalty (including serious effort to recover damage), or considerable damage is recovered in accordance with the sentencing guidelines;

2. The crime of this case, the sentence of which was determined, was committed by using beer and beer who is a dangerous object, and the nature of the crime is not good;

However, in light of the fact that the defendant recognized the crime of this case, the agreement with the victim, the fact that there is no record of the suspended execution or more, the defendant's age, character and conduct, environment, motive or circumstance leading to the crime of this case, circumstances after the crime, etc., the punishment shall be determined as ordered.

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