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(영문) 인천지방법원 2014.11.13 2014고단7057
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

At around 21:50 on March 20, 2013, the Defendant, while talking with the victim E (the age of 40) who was aware of in front of the D convenience point in the Namdong-gu Incheon Metropolitan City, and on the ground that he was talking with the victim, he she saw the victim's head on the ground that he was a dangerous object in the way, and caused the victim's injury, such as head-mick-maids and open head-maids that require approximately two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. Application of Acts and subordinate statutes of a medical certificate;

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. All the circumstances, including the reason for sentencing under Article 62 (1) of the Criminal Act [Scope of Recommendation] The reason for sentencing under Article 62 (1) of the suspended sentence, and the fact that there are no criminal records since 1999, in consideration of the following: (a) the mitigation area (one year and six months to two months) of the mitigated area (a person who habitually injured, injured a repeated offense, injured a repeated offense and injured a special injury); (b) the decision not to punish a person who has been smoothly agreed with the victim; (c) the degree of injury; (d) the degree of

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