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(영문) 인천지방법원 2014.11.25 2014고단7795
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

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

However, 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 05:20 on February 21, 2014, the Defendant, at the E office operated by the victim D (the age of 61) in Namdong-gu Incheon Metropolitan City, brought an injury on the part of the victim who was unable to know the number of days of treatment due to the following reasons: (a) the victim’s head was a dangerous object on the table of the table; and (b) the victim’s head was dead at one time; and (c) the victim’s head was dead at one time.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

Summary of Evidence

1. Application of Acts and subordinate statutes on defendant's statutory statement;

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 sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] The sentence shall be determined as per the order, taking into consideration the following various sentencing conditions as shown in the records and arguments of this case: (a) minor injury, punishment not being imposed (including efforts to recover damage), or considerable damage has been recovered in the area of special mitigation (9-2 and 6 months), i.e., habitual injury, repeated injury, and special injury (a habitual injury, repeated injury, and special injury) (a special mitigation) (including September-2 and 2 months); (b) minor injury, punishment not being imposed (a decision of sentence is recognized]; (c) the victim and the victim have agreed smoothly; (d) the degree of injury is relatively minor; (c) the defendant's age, character and behavior, family environment; (d) the background and result leading to the instant crime;

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