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(영문) 인천지방법원 2015.05.08 2014고단9090
상해등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

1. Around November 16, 2013, the Defendant violated the Punishment of Violences, etc. Act (a collective injury with a deadly weapon, etc.) brought an injury to the victim, i.e., the victim E (Nam, 43 years old), who had drinking at D’s head office “D” head office in Gyeyang-gu Incheon, Gyeyang-gu, Incheon, for reasons that the victim E (Nam, 43 years old) had been drinking at the seat of the victim, was absent, on the one hand, once the victim’s ma is a beer, a dangerous object on his/her own table, and caused the victim’s chest and grandchildren by taking several times, resulting in the victim’s injury, such as the victim’s breast and kick, which requires an excellent treatment for about six weeks.

2. The Defendant continued to inflict injury on the victim at the above date, at the above time, and at the above location, brought the balth of the victim F (ma, 42 years of age) out of the headline, and brought the victim’s face at approximately two weeks, resulting in an injury on the part of the victim in need of treatment for about two weeks by drinking the victim’s face.

Summary of Evidence

1. Each legal statement of witness E and F;

1. Each prosecutor's statement concerning G, E, and F;

1. Each police suspect interrogation protocol (including a written injury diagnosis) of E and F;

1. Application of the law to each police statement of H, I, and J [a fact that the defendant and his defense counsel denied the fact that he inflicted an injury on the victims, but according to the witness E and F's investigative agencies and the statement and the statement of injury in court, etc., it is sufficiently recognized that the defendant inflicted an injury on the victims as stated in the facts of crime

1. Article 3 (1) and Article 2 (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes, Articles 2 (1) and 2 (1) 3 of the Criminal Act, Article 257 (1) of the Criminal Act and Article 257 (1) of the Criminal Act (the point of injury and the choice of imprisonment with labor);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Reasons for sentencing under Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Type 1 (Habitual Injury, Bodily Injury, Bodily Injury and Special Injury) of the scope of the sentence of recommendations according to the sentencing guidelines shall be classified as follows:

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