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(영문) 인천지방법원 2015.08.13 2015고단2516
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

On April 21, 2015, the Defendant, at around 19:35, 2015, she drinked alcoholic beverages within the D week located in the Nam-gu Incheon Metropolitan City, her head and chest portion were 3 times as a neck (one meter in length) that is a dangerous object in which she had a talking talking about drinkingly from the victim E (V, 63 years of age) who is another customer.

As a result, the Defendant carried dangerous objects with the victim and caused damage to the character of head part that requires treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. The investigation report (the G telephone investigation), the investigation report (the on-site search and the investigation of witnesses);

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

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. 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 Criminal Act of the Social Service Order [Scope of Recommendation] : Type 1 (Habitual Injury, Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodily Injury and Special Bodi Bodi Bodily Injury) (1 year to June 2) (1 year and June 6) of the mitigation area (1 year and June 2) (a special mitigation) of minor bodily injury (a sentence decision] has not been agreed with the victim; a victim has deposited KRW 500,00 for the victim; criminal records have been punished once by a fine due to a violation of the Punishment of Violences, etc. Act (a violation of the Punishment of Violences, etc. Act at night and a joint assault); other degree of injury, Defendant’s age, character and conduct, environment, motive and background leading to the instant crime, circumstances after the crime, etc.; and

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