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(영문) 인천지방법원 2015.07.22 2015고단2577
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

Defendant shall be punished by imprisonment for a term of 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

On January 15, 2015, around 04:00, the Defendant: (a) around the elevator of the first floor of the Seo-gu Incheon Metropolitan City, the victim D (the age of 18) and the victim E (the age of 18) and the dispute arising with each other while drunkly drinking, the Defendant sent the victim E face one time as drinking, and (b) was an empty disease, which is a dangerous object accumulated on the side of the first floor toilet, two times as a part of the victim E’s back water level, and was a beer disease, which is a dangerous object continuously at least once.

As a result, the Defendant, carrying dangerous articles, assaulted the victims, and inflicted injury on the victims E, such as an open head cover cover, which requires treatment for about two weeks, and the victim D suffered injury such as a multi-faceted heat and a bid, which requires treatment for about three weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of D or E;

1. Application of Acts and subordinate statutes of each injury diagnosis letter;

1. Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act concerning facts constituting an offense, and Article 257 (1) of the Criminal Act;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The scope of final sentence according to the aggravated punishment for both nine months and two years and six months from the date of punishment [the scope of recommendation] for the mitigated area of Category I (Crime D) for Special Injury [the scope of recommending punishment] for one year and six months to six months (Crime E] for Special Injury] / the area of special mitigation [the scope of recommendation] for the punishment for nine months and six months, for two years and six months: Imprisonment for one year and six months to nine months;

2. The crime of this case committed by the defendant, which is a dangerous thing, was committed by a beer and beer who, in turn, injured the victim's hair and face, and is not good to the nature of the crime and the criminal administration.

However, the victims of the instant crime are contingent.

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