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(영문) 인천지방법원 2014.10.30 2014고단6289
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 three years from the date of the final judgment.

Reasons

Punishment of the crime

On July 19, 2014, around 19:35, the Defendant listened to the victim E (the 52-year-old age), who was friendly from the Dbring parking lot located in Bupyeong-gu Incheon, Bupyeong-gu, Incheon, about 19:35, that “if the Defendant has made a good health and why much the Defendant has made a good drinking”, and she fladdds down the parts of the victim’s name and the right part.

As a result, the defendant caused the victim to a knife, which is a dangerous thing, for about six weeks of treatment to the victim, such as the knife's knife and other knife and the knife's knife and knife.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the occurrence of an accident, internal investigation report, field photographs and photographs, and reports on the investigation of each case;

1. The application of the law to the opinion and the medical certificate;

1. Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act concerning the facts constituting an offense, and Article 257 (1) of the Criminal Act ( Imprisonment);

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act. Article 55 (1) 3 of the Criminal Act

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

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

1. Scope of applicable sentences under Acts: Imprisonment for one year and six months to fifteen years; and

2. Application of the sentencing criteria;

(a) Determination of types: (a) violence, 02. Habitual injury, repeated injury, special injury (type 1), habitual injury, injury by repeated offense, injury by repeated offense, special injury by special injury;

(b) A special person with limited liability: A mitigation factor, a aggravation factor (a serious injury);

(c) In cases of general persons: Reduction elements;

(d) Scope of recommendations: Basic sphere, two years to four years; and

3. Determination of sentence: One year and six months of imprisonment, three years of suspended execution, social service hours [the lowest sentence of recommending punishment shall be set at the lower limit of the recommended sentence, considering two years of imprisonment or more, or the following circumstances] (The maximum sentence of recommending punishment shall be set at the lower limit of the recommended sentence] appears to have reached the crime of this case in a contingency after drinking, the victim has reached a long-term agreement with the victim as a long-term relative, serious reflectivity, violation of the Food Sanitation Act, etc.

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