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(영문) 인천지방법원 2015.05.14 2015고단1036
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 23:00 on December 12, 2014, the Defendant inflicted injury on the victim, such as “the erode,” which requires approximately two weeks of medical treatment, on the ground that the victim, while drinking alcohol together with the victim E (the age of 45) who is a workplace partner, was pointed out as bad for the company’s work, the Defendant collected 100c c c c c c c c sc rode, which is a dangerous thing, caused the victim to undergo approximately two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Damage photographs;

1. Application of Acts and subordinate statutes of the written diagnosis of injury to E;

1. Articles 3(1) and 2(1)3 of the former Punishment of Violences, etc. Act (Amended by Act No. 12896, Dec. 30, 2014); Article 257(1) of the Criminal Act concerning criminal facts

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act [Scope of Recommendation] There is no basic area (2 to 4 years) (2 to 4 years) of the category 1 (2 to 3 years) of habitual injury, repeated injury, and special injury (2 to 4 years) [Determination of sentence] deposit KRW 2,50,000 for a victim; there is no criminal record other than those punished twice by a fine; recognition of and reflects on the crime; other factors such as the injury’s age and degree; Defendant’s age, character and conduct, environment; motive and background leading to the instant crime; circumstances after the instant crime; etc. shall be determined as indicated in the Disposition.

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