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(영문) 인천지방법원 부천지원 2015.05.20 2014고단1621
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)
Text

A defendant shall be punished by imprisonment for 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

To the extent that it does not affect the defendant's exercise of the right of defense, the following facts charged shall be organized (organization of victims G to victims E) and criminal facts shall be recognized:

On May 11, 2014, around 11:50, the Defendant assaulted the victim’s right head at one time, and walked the victim’s vessel at one time by walking the victim’s kKakaox, Kakaox, F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F., the Defendant knife the victim’s knife knife, which is a dangerous thing.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes that contain statements made by the police officer in relation 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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (Considerations, etc. agreed with the victim);

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc. [Scope of Recommendation] The scope of punishment under Article 6 of the Act on the Punishment, etc. of Probation, etc. [including a person who has been specially mitigated] mitigated area (including efforts to recover from damage] (including a decision of sentence] mitigated area (including a person who has been made a special mitigation), and circumstances favorable to the victim: The defendant has agreed smoothly with the victim; the defendant has agreed smoothly; and the defendant has been taking care of his/her home and has a new life: Taking into account other circumstances under Article 51 of the Criminal Act, including the fact that there has been records of punishment for the same kind of crime committed by the defendant, the period of punishment shall be set within the scope of recommended punishment under the sentencing guidelines and the execution of imprisonment shall be suspended.

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