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(영문) 인천지방법원 부천지원 2015.04.15 2015고단382
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

except that 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 03:30 on January 12, 2015, the Defendant had a dispute over the issue of daily behaviors and the calculation of the drinking value at the Cju store located in Kimpo-si B, Kimpo-si, and had, without any justifiable reason, caused an injury to the victim due to the beer who was in danger of the victim D (the age of 59, the female) one time, and caused an injury to the victim, for about two weeks, by using the snow part of the body part of the victim D (the age of 59, the female) for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement in the police statement concerning D;

1. Application of the Acts and subordinate statutes described in the Medical Certificate (D);

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (Considerations, etc. agreed with the victim);

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of recommendation [Scope of recommendation] Habitual injury, repeated injury, and special injury: Type 1 (Habitual Injury, Bodi Bodily Injury, Bodily Injury and Special Bodily Injury) (including particularly mitigated persons) in the area of special mitigation (nine months to two years and six months), minor injury, and not subject to punishment (including serious efforts to recover damage);

2. Circumstances favorable to the decision of sentence: The defendant has no record of being sentenced to a fine or more severe punishment; the defendant seems to have led to the confession of the crime of this case and repent of his mistake; the victim and the victim have agreed smoothly with the victim that they did not want the punishment of the defendant; and the circumstances that may be taken into account in the course of the crime of this case: Taking into account the circumstances under Article 51 of the Criminal Act, such as the fact that the victim inflicted bodily injury upon the victim by using dangerous articles, etc., he/she shall determine the term of punishment within the scope of recommended punishment

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