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(영문) 인천지방법원 2015.04.09 2014고단9451
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

Defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

Punishment of the crime

On October 28, 2014, the Defendant, around 20:13, 201, performed alcohol in the packaging horse in Bupyeong-gu Incheon Bupyeong-gu, Incheon, and the Victim E (the age of 34) was a middle-year dispute.

The Defendant, while drinking alcohol to male and female, she followed the alcohol while drinking alcohol to male and female, and tried to drinking alcohol to the victim. However, she was made on the ground that the victim refused it and returned to her.

Accordingly, the Defendant saw the victim's face one time as the main illness, which is a dangerous object on the tables, and put the victim a euthanasia in need of medical treatment for more than three months.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of the E, F, G, and H;

1. Results of inquiry into the roadside hospital;

1. Application of Acts and subordinate statutes to photographs, on-site CCTVs, certificates of medical records, opinions, and medical certificates, such as field photographs, on-site escape routes;

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. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation [the decision of type] [the decision of type] of habitual injury, repeated injury, special injury (Habitual injury, repeated injury and special injury] [the person who has been specially punished] - sources of punishment not to punish the factors of aggravation - [the person who has been sentenced to a recommendation] - the basic area (two to four years of imprisonment in the sphere of recommendation] [the person who has been sentenced to a general punishment] - there is no history of criminal punishment [the person who has been sentenced to a suspended sentence] - If the result of a serious bodily injury occurs: There is no positive record of criminal punishment; the person who has been sentenced to a penalty [the decision of sentence] has no positive record of punishment; and the person who has been sentenced to a penalty [the decision of sentence] caused the victim's face at the expiration of 35 minutes due to the minor reason that the defendant had expressed his attitude of disregarding the victim's refusal of the alcohol he presents.

(b) by reason of such;

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