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(영문) 인천지방법원 2014.08.14 2014고단3374
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 April 26, 2014, the Defendant: (a) around 04:30 on April 26, 2014, at the residence of the victim D(51) located in Seo-gu Incheon, Seo-gu, Incheon, Seo-gu, Seo-gu (51 years of age); (b) the head of the victim, who is a dangerous object due to his disregarding himself and being bad, was assessed once by the victim, and (c) the head of the victim was broken up by his shocking himself; and (d) the head of the victim was broken up by his shocking the victim’s right, thereby making the victim’s sturfing the victim’s upper part of the treatment days.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes to investigation reports (as to the failure to attach a medical certificate for injury);

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 Social Service Order Criminal Act [Scope of Recommendation] The mitigated area (1 year and 6 months to 2 months) (1 year and 2 years and 6 months) of the mitigated area (1 year and 2 months), [1 year and 2 months] of the mitigated area (1 year and 1 year and 4 months), in addition to the above special mitigations, the following factors are considered as follows: Defendant’s character and behavior, family environment, circumstances and results leading to the instant crime; circumstances before and after the instant crime; criminal records (1 time suspension of sentence; 4 times of the punishment of this case) and various sentencing conditions shown in the instant records and arguments.

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