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(영문) 인천지방법원 2014.11.06 2014고단6639
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 03:30 on September 17, 2014, the Defendant, at the 28 main point of “D” located on the fourth floor of Bupyeong-gu Incheon Metropolitan City, Bupyeong-gu, Incheon, as well as E, F, and Victim G (M, 19 years of age), asked the Defendant to not make a victim with a serious skin, who drinks f, while drinking alcohol. Accordingly, the victim, who was the victim of the instant accident, francing the Defendant’s head car and flacing the Defendant’s head car, flacing the Defendant’s head car, against it, flacing the victim’s head car, and flacing the victim’s head on the table, flacing the victim’s head once, etc., so that the victim was unable to know the number of days of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol of suspect examination of G police officers;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes to photographs of the upper part of the body;

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. The reason for the sentencing of Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] Article 62(1) of the Criminal Act: (a) the mitigated area (one year and six months through two years and six months) (i.e., habitual injury, repeated injury, and special injury) (i., one year and six months) [Special Mitigation] the mitigated area (i.e., one year and six months), and the crime of this case where the defendant inflicts an injury on the victim due to a minor who is a dangerous article, is not easy to commit the crime of this case; (b) the defendant is committed at the time of committing the crime and is divided; (c) the first offender without any previous conviction; (d) the defendant has agreed smoothly with the victim; and (e) the conditions for sentencing such as character, conduct, and environment of the defendant.

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