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(영문) 인천지방법원 2015.09.09 2015고단4598
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

Defendant shall be punished by imprisonment for a term of 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

On July 22, 2015, at around 02:50, the Defendant, within 'D' in the Namdong-gu Incheon Metropolitan City, where he drinks with E (49 years of age) a kind of drinking, and was in dispute with the victim E (the victim E (the victim E). On July 22, 2015, the Defendant collected the two main disease, which is a dangerous object on the tables, and suffered the injury of head, whose number of days of treatment cannot be determined by considering the victim’s head once.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. Application of Acts and subordinate statutes to photographs of damaged parts;

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Type 1: Imprisonment with labor for up to nine months and two years and six months);

2. Determination of sentence shall be made by taking into consideration the following factors: (a) the Defendant, while under the influence of alcohol, who has inflicted an injury on a victim with a dangerous object; (b) the degree of injury is minor; (c) the Defendant acknowledges an offense and agrees with the victim at the investigation stage; (d) the victim wants to take the Defendant’s wife; and (e) the Defendant has been guilty of violence but has been committed before thirty (30) years;

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