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(영문) 인천지방법원 2013.03.14 2013고단411
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for not more than ten 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

around 01:12 on December 29, 2012, the Defendant: (a) while drinking together with the victim D (year 34) who is a workplace partner; (b) while drinking together with the victim D, the Defendant: (c) was fluencing a dispute; (d) was flucing the victim’s head left part of the victim’s head; (c) was flucing the victim’s face; (d) was flucing the victim’s face into the victim’s hand; and (e) was flucing the victim’s face for about four weeks, the Defendant sustained the victim’s bodily injury, such as the damage of the flucing and power lines, the damage of the flucing part, and the damage of the head part.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of police suspect regarding D;

1. Application of Acts and subordinate statutes to a report on site entry in violent incidents;

1. Relevant criminal facts: Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act and Article 257 (1) of the Criminal Act;

1. Statutory mitigation: Articles 10 (2) and (1) and 55 (1) 3 of the Criminal Act (it is deemed that a person has committed an contingent crime in a state of mental disorder under the influence of alcohol);

1. Discretionary mitigation: Articles 53 and 55 (1) 3 of the Criminal Act ( normal consideration, such as the fact that the defendant has agreed with the victim);

1. It is so decided as per Disposition on the grounds of not less than Article 62(1) of the Criminal Act (i.e., the violation of one’s mistake in addition to the foregoing circumstances);

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