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(영문) 인천지방법원 2015.12.02 2015고단2847
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for two years.

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

On December 12, 2014, the Defendant was suffering from the Defendant’s right side after he was frighting with the victim C(54 years of age), F, etc., who was aware of business in the restaurant of “E” located in Vietnam-si, Vietnam-si, and the Defendant, while drinking alcohol with the victim C(54 years of age), F, etc., who was aware of business.

At around 23:00 on the same day, the Defendant: (a) went to a hospital at the top of the same day; (b) as above, she purchased excessive goods, which are dangerous to Hmat in G, and (c) purchased excessive goods to F; (b) the victim would go to Hmat after Hmat; (b) cut off the victim’s left side; (c) cut off the victim’s right side; and (d) cut off the victim’s right side by leaving the knife with the upper knife in order to keep the above excessive portion; and (d) the hand knife knife knife was cut.

As a result, the defendant carried over dangerous things, and carried over about 8 weeks of medical treatment to the victim, the left second hand, third hand, fourth hand, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to photographs and English medical certificates;

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. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 32 (1) 3 and (2) of the Act on Special Cases concerning the Promotion, etc. of Lawsuits to Dismiss Application for Compensation;

1. The application of the sentencing guidelines [Determination of types] is submitted a written agreement at the stage of investigation into the basic area (determination of the recommended area] of Category 1 (Habitual Injury, Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodily Injury) (Determination of the recommended area), but the defendant did not properly fulfill the conditions of the agreement, and thereby the victim expresses his/her intent to punish the defendant again.

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