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(영문) 인천지방법원 2015.06.17 2015고단2320
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

Defendant shall be punished by imprisonment for a term of 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 March 29, 2015, around 23:15, the Defendant: (a) while entering and drinking as a customer within the “C” located in Bupyeong-gu Incheon, Bupyeong-gu, Incheon; (b) the victim D (52 years of age) who is the other customer had singing at a stage; (c) the other employee had not finished singing; (d) the victim d (52 years of age) decided that the victim was the victim of the disturbance, i.e., having protested against the said employee, and having been suffering from the illness, and the victim was able to see whether the victim was able to have his/her humiliationd; and (e) the victim took an empty beer disease, which is a dangerous object on which the table was put on the table, and caused the victim’s hume one time.

As a result, the Defendant carried dangerous objects with the victim and inflicted bodily injury on the victim, such as unknown cerebral celebs, which requires treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to investigation reports (Attachment of medical certificates) and medical certificates;

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. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Application of the sentencing criteria [Scope of recommending punishment] Type 1 (Habitual Injury, Bodi Bodily Injury, Bodily Injury, Special Bodily Injury) shall be subject to special mitigation ( September to June);

2. The crime of this case in which the sentence of sentence is to be pronounced is deemed to have been committed with dangerous articles by the defendant when the head of the victim is at risk.

However, the Defendant committed a crime while the victim prevented him from disturbing the disturbance first in the alcohol house, and is responsible for the occurrence of the crime to the victim, and the degree of injury to the victim is somewhat minor.

The defendant's mistake is recognized and agreed with the victim, and the victim does not want to punish the defendant.

The defendant is not guilty of violence and fine.

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