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(영문) 인천지방법원 2013.07.24 2013고단2732
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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 03:20 on April 14, 2013, the Defendant committed assault to the victim, such as: (a) the E-gu area in Seo-gu Incheon, Seo-gu, Incheon; (b) the victim Da (the age of 42); (c) the victim’s desire not to bring about the safe line; (d) the victim’s breath of breath; and (e) the victim’s head head, who gets out of the place as a dangerous object, and cut off the victim into the above stairs; and (e) the victim was injured by the victim, which requires approximately three weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes of the injury diagnosis 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 (see the following reasons for sentencing):

1. Article 62(1) of the Criminal Act (see the following reasons for sentencing)

1. Although the reason for sentencing under Article 62-2 of the Criminal Act on probation and community service order is capable of having been sentenced to a sentence and a fine for the same crime, it should be strictly punished in that the defendant committed the instant crime again. However, the defendant led to the confession of the instant crime and agreed smoothly with the victim, taking into account all the sentencing conditions, such as the defendant’s age, environment, family relationship, etc., the suspended sentence shall be sentenced within the scope of a discretionary sentence, and probation, etc. shall be concurrently imposed due to

It is so decided as per Disposition for the above reasons.

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