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(영문) 인천지방법원 2016.03.16 2012고단214
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On November 28, 201, the Defendant: (a) around 22:00, around 22:00, at the “C cafeteria” located in Namdong-gu Incheon Metropolitan City; (b) on November 28, 201, the Defendant d(34) of the victim D (34) who was appointed, was well able to appoint, speak and take a bath; and (c) the Defendant d (34) of the victim’s head, who was a dangerous object, was at one time of the victim’s head.

As a result, the Defendant carried dangerous things with the victim and inflicted an injury on the victim, such as blood transfusion, which has an open room in the head requiring treatment for about eight weeks.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Relevant Article 258-2 (1) of the Criminal Act, Article 258-2 (1) of the Criminal Act, Article 257 (1) of the Criminal Act, the grounds for imposing sentence of imprisonment for an optional crime;

1. On January 2, 2012, no sentencing guidelines have been set for the crime indicated in the judgment (the date of public prosecution: January 13, 2012). The instant crime is deemed to have been committed by the Defendant under the influence of alcohol, and is punished by imprisonment with prison labor with prison labor for a heavier offense.

In determining the term of punishment, the above circumstances should be taken into consideration, but the defendant's effort was made to recover damage, such as recognizing the crime and paying a monthly salary for the victim as medical expenses, and the defendant has no record of domestic punishment in favor of him.

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