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(영문) 인천지방법원 2014.10.01 2014고단4214
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

except that 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 April 28, 2014, at around 16:50, the Defendant inflicted an injury on the face of the victim using a prote acid, which is a dangerous object, that the victim E (year 74) was under the influence of alcohol, due to the fact that the victim E (year 74) was in the front of "D" located in the Nam-gu Incheon Metropolitan City, Nam-gu C, Incheon, and caused the victim's injury in the snow where the number of treatment days cannot be known to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to photographs of damage and investigation reports (debrisoned phone calls, hearing statements, etc.);

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. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] Article 62(1) of the Criminal Act: Type 1 (Habitual Injury, Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodily Injury, Bodi Bodi Bodi Bodi Bodi Bodily Injury and Bodi Bodi Bodi Bodily Injury) (1 year and 2 months) in the mitigated area (1 year to 2 years and 6 months) (a special mitigation] of minor bodily injury (a decision of a sentence]; however, there is no punishment for the crime that the defendant has already passed since he had no criminal record; and the punishment shall be determined within the scope

It is so decided as per Disposition for the above reasons.

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