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(영문) 인천지방법원 부천지원 2015.06.25 2015고단1345
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 became final and conclusive.

Reasons

Punishment of the crime

On April 21, 2015, at around 23:15, the Defendant: (a) placed the victim E (32 years of age) in the singing room 17, which is located in Seocheon-si, Seocheon-si, Seocheon-si, and brought the victim’s head into the small-scale hospital, which is a dangerous thing on his/her customer; and (b) placed the victim’s head at one time and put about about three weeks of treatment to the victim.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to damaged photographs, on-site photographs, and written diagnosis of 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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;

1. The scope of the recommendation [decision of types] the sentencing guidelines for violent crimes, the guidelines for repeated injury, special injury for repeated offense, and the special injury (type 1) (the person specially punished] the person not subject to punishment (the scope of the recommendation punishment] shall be punished by imprisonment with prison labor for one year and six months from June to six years (the area of mitigation);

2. Determination of sentence: Imprisonment with prison labor for a year and six months, and two years of suspended execution, the defendant is not less than a liability for the crime in light of the fact that the defendant inflicts an injury by using the main illness, which is a dangerous thing;

However, in consideration of the defendant's age, character and conduct, circumstances after the crime, etc., the punishment as ordered shall be determined by considering the fact that the defendant has been led to confession of the crime, the victim does not want the punishment against the defendant, and there is no criminal record against the defendant.

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