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(영문) 인천지방법원 2012.06.05 2012고단3438
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

At around 00:20 on March 3, 2012, the Defendant: (a) 20:20, the victim E (the 44-year-old) who was a customer at the Dcafeteria located in Seo-gu Incheon, Seo-gu, Seo-gu, Incheon, expressed the desire to “the flag spath in drinking at night; (b) the flag’s spath in drinking at night; and (c) the flag’s spath in drinking at night; and (d) the Defendant collected the flag spath of a small-sized navigational spath, which is a dangerous object on the table, and caused the Defendant’s injury to the victim, such as the teared body of the two government on the treatment days.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the interrogation of suspects of E;

1. Statement of the police statement concerning F;

1. Application of victim photographs, etc. and statutes on site 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. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (including the fact that the instant crime has occurred by contingency and there are circumstances to take account of the background leading up to such occurrence, the victim does not want the punishment of the defendant under an agreement with the victim, the defendant is led to the confession of the crime, and the mistake is repented);

1. Article 62 (1) of the Criminal Act (recognizable circumstances recognized in the preceding);

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