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(영문) 인천지방법원 2013.11.14 2013고단5844
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)
Text

A defendant shall be punished by imprisonment for one year.

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 June 4, 2013, at around 21:30, the Defendant used the victim's head as a tree who is a dangerous object of the victim's head on the ground that the victim's head is bad because the victim's E (the age of 36) was flick and drinking alcohol together with the victim's E (the age of 36) in Gyeyang-gu Incheon.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statement to E;

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning the crime concerned, Article 260 (1) of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Probation and community service order under Article 62-2 of the Criminal Act: The sentence of probation shall be imposed and probation and community service shall be imposed, in consideration of the following: (a) the defendant has a large number of identical and similar criminal records for sentencing; (b) the defendant reflects his fault; (c) the victim does not want the punishment; (d) the victim deposited 300,000 won for the victim; and (e) the circumstances of this case including the degree of damage

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