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(영문) 인천지방법원 2014.04.08 2014고단859
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 29, 2013, at around 03:00 on December 29, 2013, the Defendant, while drunkly talking about the victim D(28 years of age) and friendly relationship with the victim under the influence of alcohol in his/her own dwelling area of Bupyeong-gu Incheon Metropolitan City, Bupyeong-gu C building 602, and was injured by the head of the victim, who was a dangerous object, and was injured by the head of the victim.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Application of Acts and subordinate statutes of a medical certificate;

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 ] habitual injury, repeated offense injury, and special injury (special person in special form - [the scope of the recommendation area] mitigation area / [the scope of the recommendation area] 1 year and six months to two years [the general person] mitigation area / (the scope of the recommendation area] - The main reason for the suspension of execution - Where a person commits a crime by carrying a negative lethal weapon or other dangerous articles with any adverse weapon or other dangerous articles: The main reason for the suspension of execution - The main reason for the suspension of execution : The positive reason for the suspension of execution - The reason for the suspension of the execution of the general commitment: there is no criminal record above [decision of the sentence] having positive and positive motive, method and method of the crime in this case; the circumstance before and after the crime in this case; and the defendant's age, character, behavior, environment, etc. as set forth in the sentencing guidelines.

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