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(영문) 인천지방법원 2015.09.10 2015고단4685
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 of the final judgment.

Reasons

Punishment of the crime

On May 23, 2015, at around 02:00, the Defendant collected free Cup, which is a dangerous object in the table, that had been loaded with the victim E while drinking alcohol together with the victim E, and had the victim collected it according to its face, and caused the victim to incur an influence of treatment days.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Investigation report (recording of telephone statements);

1. Application of Acts and subordinate statutes on specific reporting of damaged parts' photographs and household effects;

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 [Determination of Punishment] Violence: Type 1 (Habitual Injury, Bodi Bodily Injury, Bodi Bodily Injury and Bodily Injury): Reduction element - Reduction element [Determination of the area of recommendation] Reduction element [Determination of the area of recommendation] Reduction area (determination of imprisonment with prison labor between 1 and 16 months to 2 months): Suspension of execution] - Main reasons for major reference: Prohibition of positive punishment - Reasons for general reference: positive contingent crime (determination of sentence): Imprisonment with prison labor for 1 year and 6 months, suspension of execution, 2 years of community service, 120 hours;

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