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(영문) 인천지방법원 2015.09.10 2015고단4347
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 June 24, 2015, the Defendant: (a) around 00:20 on June 24, 2015, around the victim D (n, 38 years of age) located in Nam-gu Incheon Metropolitan City, caused the victim to sit in his table; (b) however, the victim was not at such place; (c) the victim was able to take a bath, and (d) a beer disease, which is a dangerous object on his table, was taken up, was broken up, and broken down on the floor; (d) the victim flicks, flicks, bucks, faces, etc. were flicked, and the victim was able to take the right side of the victim, and the victim was able to take approximately 21 days medical treatment at one time, and “an injury, such as an open bridge, etc., on the side of the flick.”

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Damage photographs;

1. Application of Acts and subordinate statutes of medical certificate (Evidence No. 30 pages) on D;

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act [Scope of Recommendation] The sentence of Article 62-2 of the Order to Attend a lecture shall be determined as follows: (a) type 1 (Habitual Injury, Bodi Bodily Injury, Bodily Injury, and Special Injury) (one year to two months) (one year and two months) (special mitigation ] mitigated area; (b) a person who is not subject to punishment [decision of sentence] is highly likely to commit a crime; (c) criminal records of a fine of 4 times (including one time of violence); (d) an agreement has been reached with the victim; (e) the degree of damage; (e) the degree of damage; (g) the defendant's age, character and behavior; (g) the motive and circumstances leading to the instant crime;

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