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(영문) 인천지방법원 2015.04.15 2015고단367
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
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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

The Defendant, around November 21, 2014, at around 21:30 on November 21, 2014, under the influence of alcohol in the “Damina” located in the Gyeonggi-si, Sinsan-si, and the occurrence of 53 years of age and Silvers, her head was cut back once by gathering beer’s disease.

As a result, the Defendant carried dangerous things and inflicted bodily injury on the victim, such as tearing, which can not be known about the days of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the body photographs of victims, stringer beer disease photographs;

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Reduction elements of types 1 (Habitual Injury, Bodi Bodily Injury and Special Bodily Injury) (Special Bodily Injury) (Special Bodily Injury and Bodily Injury) (The range of recommending punishment) applicable to the sentencing criteria (Determination of types): One year and six months to six months;

2. Determination of sentence: The sentence of this case, one year and six months of the suspension of execution, shall be determined as ordered in consideration of the nature of the crime, the fact that the defendant seems to have committed the crime of this case in a contingent manner under the influence of alcohol, the fact that the victim does not want the punishment, the age, character and conduct, environment, motive and circumstance of the crime, and all the other conditions of sentencing including the defendant's age, character and conduct, motive and circumstance after the crime, etc.

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