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(영문) 인천지방법원 부천지원 2015.05.21 2015고단1061
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 became final and conclusive.

Reasons

Punishment of the crime

On April 30, 2015, around 01:50, the Defendant lent money to the victim C (20 years of age) at the front of the Seocheon-gu, Seocheon-gu, Busan, and around 01:50, but did not get repaid from the victim, and the contact was cut down, and the head of the victim was flick, a dangerous object that was collected separately from the surroundings, and the victim was assaulted against the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

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

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. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;

1. The scope of recommendation [decision of types] the sentencing criteria for violent crimes, assault crimes, and special assault (Type 6) [Special Sentencing] [Scope of Recommendation] Imprisonment with prison labor for not less than 4 months to 1 year and 2 months (Mitigation of Final Recommendation] imprisonment with prison labor for not less than 1 year to 1 year (Observance of the minimum sentencing range)

2. Determination of sentence: One year of imprisonment and two years of suspended sentence: The above sentence shall be imposed in consideration of all the circumstances, such as the fact that the defendant led to the confession of the crime while committing the crime, the fact that the defendant simply agreed with the victim, and the fact that there is no record of criminal punishment exceeding the fine.

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