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(영문) 인천지방법원 부천지원 2014.09.12 2014고단1864
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

On February 26, 2014, around 22:30, the Defendant performed drinking together with the victim E (manam and 43 years old) who was working at the shop in Seocheon-gu, Seoul Special Metropolitan City C 201 (C201). On February 26, 2014, the Defendant viewed the victim's head on the ground that the victim was not in the victim's mind, such as talking and talking at a half and without permission under the influence of alcohol by a more victim than the Defendant, who is a workplace commercial. The Defendant took one time the victim's head on the table, which is a dangerous object on the table, and the victim took one again the head on his hand, and the victim took the head on his hand, and then the victim took up the head on the right side, which requires about four weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

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

1. Application of suspect E-damage photographs, on-site photographs, diagnostic records, damaged photographs, and written confirmation of hospitalization;

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. Mitigation of discretionary measures under Articles 53 and 55 (1) 3 of the Criminal Act (i.e., confession of and reflect on a crime, the agreement with the victim, and the absence of any record of punishment for the same crime or of punishment exceeding the fine);

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary Mitigation);

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