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(영문) 인천지방법원 2014.05.22 2014고단2180
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

The Defendant, around 15:00 on February 28, 2014, 15:0, at the Dong-gu Incheon Metropolitan City, and D’s restaurant, performed drinking together with the victim E (50 years of age) who is a workplace partner, and divided conversations. On the ground that the victim’s opinion does not fit, the Defendant left two times the head of the victim’s disease, which is a dangerous object.

Accordingly, the defendant carried dangerous things with the victim and inflicted an injury upon the victim, such as an open two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E 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;

1. Reasons for sentencing under Article 62 (1) of the Criminal Act of the suspended sentence [Scope of Recommendation] The mitigated area (one year and six months through two years and six months) of the type 1 (a year and six months), repeated injury, repeated crime injury, and special injury) [Special Mitigation] of the mitigated area (a decision of sentence] (a special mitigated person] of the mitigated area: the part of the victim’s head that may cause serious damage to the injured person; the attitude and method of the crime; the details of the crime are favorable to the point that the injured person’s attitude and method are serious: The time of committing the crime; the fact that the defendant is expressed against himself; the fact that the victim has agreed with the victim; and other circumstances that form the conditions for sentencing as shown in the records, such as the defendant’s age, character and behavior, occupation, family

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