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(영문) 인천지방법원 2015.01.20 2014고단8725
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
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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 October 24, 2014, at around 00:10 on October 24, 2014, the Defendant, while drinking E and drinking at the main point of “D” located in the Namdong-gu Incheon Metropolitan City C Underground 1, was divided into two parts: (a) the victim F (Nam, 42 years of age) who is a subsequent customer, and (b) the Defendant was able to get back to the face of the victim by gathering beer disease, which is a dangerous object on the table.

As a result, the Defendant inflicted an injury on the victim, such as the influence of the days of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding F;

1. Application of Acts and subordinate statutes of E;

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 (The following extenuating circumstances among the reasons for sentencing):

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (the grounds for sentencing that are advantageous to the following)

1. Application of the sentencing guidelines (type of crime), violence, habitual injury, repeated injury, special injury, habitual injury, repeated injury, injury by repeated offense, special injury (type 1) (special person): Reduction factors of punishment: In the area of mitigation of punishment [the scope of decision and recommendation in the area of recommendation]: One year and six months to two years and six months;

2. The decision of sentence has the record of having been sentenced for the same criminal records, but the victim does not want the punishment against the defendant, the degree of injury, etc. shall be determined as ordered by the decision.

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