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(영문) 인천지방법원 2015.05.28 2015고단1078
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

At around 03:50 on February 22, 2015, the Defendant: “D” restaurant located in Jung-gu Incheon Metropolitan City, Jung-gu, and the Defendant 70 senior citizens in the above restaurant, expressed that the Defendant’s conduct of the victim E (the age of 38) together with the above restaurant is “whether the young young people will not have a desire to take a bath about the age of the youth.” On the other hand, the Defendant saw the Defendant as a dangerous object in the above restaurant room (the total length of 26 m) while emphasizing the above A while driving the victim, leading the victim to a reflection over the right side, which requires treatment for about seven days.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement to E by the police;

1. Records of seizure and the list of seizure;

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. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act [Determination of Punishment] Violence: Type 1 (Habitual Injury, Bodi Bodily Injury, Bodi Bodily Injury and Bodily Injury): [Special Contributor] Reduction element: Minor Injury, Non-Mitigation of Punishment [Determination and Scope of Recommendation Area], Special Mitigation Area, September-2 [General Contributor] Reduction element: Suspension of Execution of Execution of Sentence - Minor Bodily Injury, Failure of Punishment (General Contributors in Person in Person in Person in Person in Person in Person in Person in Person in Person in Person in Action] - falls under the cause for positive participation: Minor injury, Non-existence of Punishment - No person in Person in Action in Person in Person in Person in Action in Person in Person in Action: Non-existence of Punishment - There is no person in Person in Action above Punishment / Sentence 1 and 6 months, 3 years of Suspension of Execution, and

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