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(영문) 인천지방법원 2014.08.21 2014고단3597
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

The Defendant, as a new citizen on March 2013, entered Belgium along with his family members. During that process, C, while acting as a broker for immigration, gave approximately KRW 17 million in return, but C did not immediately have the permanent residence in Belgium, unlike the initial promise, and returned again on April 21, 2014 because living conditions were less than Korea.

On April 29, 2014, at around 20:00, the Defendant sought D Apartment No. 1206, Dong-gu, Incheon, Incheon, as C's house.

E is the friendship of C.

From the perspective of the above victim C (the age of 42), the Defendant: (a) committed a brord dispute with the victim on the ground that the victim did not play a brorder, and (b) committed an assault on the part of the victim, such as 25 cm in total length, 14 cm in length, and 14 cm in length, which was a dangerous object that was located in the main part of the victim; and (c) inflicted an injury on the victim, such as the depth of the front part of the right part, which requires treatment for about four weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol concerning the examination of suspect of each police officer regarding C and E;

1. A report on internal investigation:

1. Application of C Injury Diagnosis Acts and subordinate statutes;

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. Although the extent of injury of the victim for the reason of sentencing under Article 62(1) of the Criminal Act of the suspended sentence is serious, the crime is divided, the victim who has been agreed with each other is strongly desired to take the defendant's prior position, the primary offender is the defendant's character and behavior, family environment, the circumstances and result leading to the crime of this case, and various sentencing conditions as shown in the records and arguments of this case, such as the circumstances before and after the crime, shall be determined as ordered by the suspended sentence.

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