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(영문) 인천지방법원 2015.06.24 2015고단1837
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

At around 21:50 on March 29, 2015, the Defendant: (a) received a request from the victim E (the age of 54) to engage in sunshine and drinking within the main point of “D” located in the Nam-gu Incheon Metropolitan City, Seoul; (b) received a request from the victim E (the age of 54) and disputed each other; (c) collected glass bed, which is a dangerous object at that place; and (d) got the victim at the right end of the victim; and (d) carried the above bed down the right end of the treatment days to the right end of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding E;

1. Application of statutes on field photographs;

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 the suspended sentence under Article 62(1) of the Criminal Act / [the scope of recommending sentence] The mitigated area (one year and six months to two months) of habitual injury, repeated crime injury, and special injury (one year and six months) [Special Mitigation] of the mitigated area (one year and six months to one year and six months), or where considerable damage is recovered (including a serious effort to recover damage), there is no record of the same crime exceeding a fine (Pronouncement decision] of the same crime; on April 2, 2015, the fact that the victim agreed with the victim on April 2, 2015, etc. is favorable; the fact that the crime of this case is not good due to the nature of the crime of the crime of this case, such as the injury to the victim, which is a dangerous object of mutual dispute, shall be determined within the scope of the sentence imposed, considering the age, character and behavior, environment of the defendant, the motive and circumstances leading to the crime of this case after the crime, etc.

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