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(영문) 인천지방법원 2014.11.21 2014고단6717
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 16:00 on September 7, 2014, the Defendant, without any justifiable reason, assaulted the victim C (23 years of age) with a wooden steel mon (60cm in length, 3.5cm in diameter), which is a dangerous object, at the event below, and committed an injury to the victim, such as an open top, which requires approximately two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C or D;

1. A written diagnosis of injury;

1. Application of the Acts and subordinate statutes to the wooden monm photographs and the wooden monm photographs produced by a suspect at the victim's head;

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. Where the scope of the recommended sentence on the sentencing guidelines [the scope of the sentencing guidelines] is reduced (one year and six months through two years and six months), the area of mitigation (including a person who has been specially mitigated), the area of punishment not subject to punishment (including a serious effort to recover damage), or considerable damage is recovered;

2. The sentence of this case shall be determined as ordered by the court in consideration of the fact that the defendant who was sentenced to the sentence of this case led to the confession and reflect of the crime of this case, the first offender, the agreement with the victim, the age, character and conduct, environment of the defendant, the motive and circumstances leading to the crime of this case, the circumstances after the crime

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