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(영문) 인천지방법원 2014.04.08 2014고단816
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 December 21, 2013, the Defendant: (a) around 01:00 on the third floor of the Yeonsu-gu Incheon Building D, which is operated by the Victim C, sent a disturbance to the victim, such as the victim’s “under the influence of alcohol”, and said the victim’s house as being the victim’s house. (b) said, the Defendant was placed in the victim’s face. (c) At around 01:00 on December 21, 2013, the Defendant was placed in the victim’s face. (d) At the same time, the Defendant took about about 40cm (a size of about 40cm), which is a dangerous object in the carter, and took the victim’s face due

As a result, the Defendant inflicted a tear on the left-hand side of the treatment days.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to on-site exit and investigation reporting;

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. Reasons for sentencing under Article 62(1) of the Criminal Act of the Suspension of Execution [Determination of Punishment] : (a) habitual injury, repeated injury, special injury (special person in special form] habitually injured, repeated offense injury, and special injury [the person in special form] - [the scope of recommendation area] mitigation area / [the scope of recommendation area] 1 year and six months to two years [the range of general person] mitigation area / [the scope of recommendation area] reflective nature of mitigation [whether or not the main reason for suspension of execution] - Where a person committed a crime by carrying a negative lethal weapon or other dangerous articles with any adverse weapon or other dangerous articles: The main reason for suspension of execution - The main reason for suspension of sentence - the positive reason for suspension of punishment : Decision of sentence / The positive reflective nature [decision of sentence] / The motive, background, means and method of the crime in this case; the defendant's age, character, behavior, environment, etc. as shown in the arguments in this case; and (b) the sentence shall be made within the scope of recommendation

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