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(영문) 인천지방법원 2015.05.07 2015고단1110
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

At around 18:45 on January 26, 2015, the Defendant: (a) followed the victim, who was entering the above office, on the ground that the victim D (n, 49 years of age) operated by the Namdong-gu Incheon Metropolitan City E 2nd floor, had a knife, which was a deadly weapon in the victim's knife, and had a knife with the victim's knife, which was a deadly weapon in the above office, led the victim to a knife in the number of days of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Reporting on the occurrence of a crime under the Punishment of Violences, etc. Act;

1. A criminal investigation report and a situation report;

1. Application of Acts and subordinate statutes of a medical certificate;

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( Taking into account the fact that it is against criminal conduct, the fact that the victim is not punished by the defendant, and the fact that the victim's injury is not serious and serious);

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary mitigation)

1. Where the reason for sentencing under Article 62-2 of the Criminal Act on probation and community service order [Scope of recommending punishment] is habitual injury, repeated injury, and special injury: Type 1 (Habitual Injury, Bodi Bodi Bodily Injury, Bodily Injury and Bodily Injury), the area of special mitigation (including special mitigation), minor injury, not subject to punishment (including serious efforts to recover damage), or considerable damage has been recovered (decision of sentence] and one year and six months of imprisonment, suspension of execution, two years of probation, community service, 160 hours;

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