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(영문) 인천지방법원 2014.08.28 2013고단4758
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 July 18, 2013, the Defendant: (a) around 01:07, the victim E (the 54 years of age) who fested together at D main points located in Seo-gu Incheon, Seo-gu, Incheon, was deprived of his own pursuant to the lock, and caused again the victim’s face, which is a dangerous object of the table, and caused the victim to tear the victim’s face to the right side of the treatment days.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Seizure records;

1. Application of Acts and subordinate statutes to photographs of victims;

1. Relevant criminal facts: Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act and Article 257 (1) of the Criminal Act;

1. Discretionary mitigation: Articles 53 and 55 (1) 3 of the Criminal Act;

1. Suspension of execution: Article 62 (1) of the Criminal Act;

1. Social service order: The reason for the sentencing of Article 62-2 of the Criminal Act [Scope of Recommendation] : In the case where the mitigated area (including one year and six months to two years), the mitigated area (including a person who has been specially mitigated), the punishment of a person who is not subject to punishment (including a serious effort to recover damage) or considerable damage is recovered from the mitigated area (the decision of a sentence ] the crime that is a dangerous object of the defendant's face is bad; the defendant is led to confession; the defendant has made a confession; the defendant deposited KRW 2 million for the victim; the first offender without any criminal power; the defendant's age, character and conduct; the environment; the motive, means and consequence of the crime; and the circumstances that are conditions for sentencing, such as the circumstances after the crime, shall be determined as the order;

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