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(영문) 인천지방법원 2013.10.17 2013고단6000
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

On August 11, 2013, at around 00:40, the Defendant attached the victim E (the age of 43) to the “Dju” located in Bupyeong-gu Incheon, Bupyeong-gu, Incheon, by neglecting the cryptive defect by drinking, and was assaulted by the victim, the cryer’s disease, which is a dangerous object, was faced with the victim’s left left part.

As a result, the Defendant inflicted an injury on the victim, such as blood transfusion on the left side of which the number of days of treatment can not be known.

Summary of Evidence

1. Defendant's legal statement;

1. An interrogation protocol of E;

1. Statement of the police statement concerning F;

1. On-site photographs;

1. Application of Acts and subordinate statutes to investigation reports (the investigations of suspects and witnesses);

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, e.g., that the defendant is led to the instant crime by assaulting first of all, in consideration of the following: (a) the confession of the crime and reflectiveness; (b) the degree of injury to the victim is minor; (c) the defendant is an initial offender; and (d) the victim

1. Article 62 (1) of the Criminal Act on the suspension of execution (presumed consideration in the preceding);

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