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(영문) 인천지방법원 부천지원 2015.06.05 2015고단1088
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)
Text

A defendant shall be punished by imprisonment for not less than eight 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

At around 00:40 on March 28, 2015, the Defendant used a beer, which is a dangerous object on the table, and assaulted the victim’s side head on one occasion on the table, on the ground that the victim talks about the victim D (the age of 36) and drinking with the Defendant’s parents, while talking about the victim’s sexual intercourse with the Defendant’s sexual intercourse.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of the photographic Acts and subordinate statutes;

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning a crime, Article 260 subparagraph 1 of the Criminal Act;

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (the suspension of execution shall be sentenced within the scope of recommendation for sentencing, in consideration of the following: (a) the defendant reflects his/her mistake; (b) the defendant does not want the punishment of the defendant by mutual consent with the victim; and (c) the defendant

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