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(영문) 인천지방법원 2015.04.16 2015고단1334
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

On January 20, 2015, at around 21:05, the Defendant, while drinking alcohol at a “E” restaurant located in Incheon Spojin-gun, Incheon, had a dispute with the victim F (50 years of age), the subject of sexual air control, and support fund, etc., with the victim F (50 years of age) who was aware of the aftermath of the usual East East-gun, and sustained the victim’s head one time due to an empty (an empty) dangerous object, and continuously sustained the victim’s face face value one time due to drinking, the Defendant sustained approximately 4 weeks of spaf and the injury under the left-hand part of the victim, which requires approximately 2 cm treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

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

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. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] In the case of habitual injury, repeated injury, and special injury, Type 1 (Habitual Injury, Bodi Bodi Bodi Bodi Bodi Bodily Injury), the mitigation area (one year and six months to two years), the mitigation area (including efforts to recover damage), the mitigation area (a person who has been specially mitigated), or the recovery of considerable damage (a decision of sentence] the decision of sentence was smoothly agreed with the victim (a decision of sentence was made), the circumstances leading to the crime, the details leading to the crime, the violation of the crime, and other circumstances revealed in the arguments of this case and the conditions of sentencing, the sentence shall be determined as described in the text.

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