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(영문) 인천지방법원 2014.10.23 2014고단6399
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

On July 28, 2014, around 03:40 on July 28, 2014, the Defendant, while drinking with the victim E (the age of 19) and drinking with the victim, and fighting at the said convenience store, knife the parts, etc. of the above victim with a knife, which is a deadly weapon purchased at the said convenience store (the knife No. 1, the knife length approximately 7cm), continuously knife the parts, etc. of the above victim E, and continuously damaged the victim E with approximately three weeks of medical treatment, such as the victim F (the age of 18), and inflicted an injury on the victim F, such as an open upper part of the chest wall that requires approximately six weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol of F and E;

1. The police statement concerning G;

1. Photographss, deadly weapons, photographs and receipts;

1. A medical certificate (E), an injury medical certificate (F);

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

1. Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act concerning facts constituting an offense, and Article 257 (1) of the Criminal Act;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 48 (1) of the Criminal Act;

1. Scope of recommended sentences according to the sentencing criteria;

(a) Type 1 (Habitual Injury, Bodi Bodily Injury, Bodily Injury, and Special Injury) in the mitigated area (one year and six months to two years) (one year and six months) in the mitigated area (one year and six months to six months), is not subject to punishment;

(b) No penalty surcharge shall be imposed for the mitigated area (one year and six months to two years) (one year and six months) of Type 1 (Habitual Injury, Bodily Bodily Injury, Bodily Injury and Special Injury) (Special Bodily Injury) (the scope of a recommendation) of Part II (the range of a punishment against E);

(c) The scope of final sentence due to the aggravation of multiple offenses: Imprisonment with prison labor for a year and six months to three years;

2. Although the risk of the instant crime in which the sentence of sentence was rendered is reasonable, the victims do not want the punishment of the Defendant, and the Defendant is the primary offender and commits the instant crime in a contingent manner under the influence of alcohol.

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