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(영문) 인천지방법원 2014.10.02 2014고단5752
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 02:25 on April 11, 2014, the Defendant: (a) threatened the victim E (32 years of age) who was a workplace club in Bupyeong-gu Incheon, Bupyeong-gu, Incheon on the ground that the victim E (32 years of age) did not properly clean the guest room; and (b) threatened the victim, as the victim, who was a workplace club, with a transition (22cm in total length, 11cm in knife length).

Accordingly, in order to restrain the victim from doing so, the defendant was injured by the victim of the above excessive knives day, and the victim was injured by open top of the part requiring treatment for about two weeks, such as knife knife knife knife knife knife, which is a dangerous object, and gnife knife knife knife.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Application of Acts and subordinate statutes of the injury diagnosis 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. The reason for the sentencing of Article 62-2 of the Criminal Act on Probation [Scope of Recommendation] Article 62-2 of the Act on Probation: (a) Type 1 (Habitual Injury, Bodi Bodi Bodi Bodi Bodi Bodi Bodily Injury, Bodi Bodi Bodi Bodily Injury) (1 year and 2 months) (1 year and 6 months) (special mitigation) was agreed upon with the victim not to be punished [decision of sentence]; (b) although the degree of injury was not much serious, the punishment was determined as ordered in light of the following factors: (c) the Defendant’s age, character and conduct, family environment, circumstances leading to the instant crime, and result thereof; and (d) the various sentencing conditions shown in the records and arguments of the instant case,

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