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(영문) 인천지방법원 2015.09.24 2015고단3144
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for not less than two years 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 20:40 on May 23, 2015, at the event held in front of Gyeyang-gu Incheon Gyeyang-gu Incheon Gyeyang-gu Office, the Defendant: (a) thought that the victim C (the 54-year old) who is a workplace club, will have the victim do so to the surrounding people; and (b) held a camping net (alkinium) which is a dangerous object under the custody of the defendant's dwelling new site; and (c) sited in a bee and bencing, the victim, who had spaced with coffee, had the above camping net knife and spaced the victim's head one time, and had the victim go beyond the floor.

The victim's chest, arms, legs, etc., which have been continuously used, have been down to a hundred thousands of the camping net.

As a result, the defendant carried dangerous objects and carried them about six weeks of medical treatment, the two parts of the victim need to be treated.

Summary of Evidence

1. The defendant's statement in court; 1.C and each police officer's statement about D;

1. The pictures of camping nets, and victims;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate (C);

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 (Consideration of favorable circumstances among the following reasons for sentencing):

1. Article 62 (1) of the Criminal Act ( considered favorable circumstances among the reasons for sentencing following the suspended sentence);

1. Probation and community service order under Article 62-2 of the Criminal Act;

1. Reasons for sentencing under Article 48(1)1 of the Criminal Code of Confiscation [Determination of Punishment] Violence No. 1 (Habitual Injury, Bodi Bodily Injury, Bodily Injury), - In a case where punishment for mitigation elements (including serious efforts to recover damage) or considerable damage has been restored to a certain part (determination of the recommended area] [the scope of recommendation area] one year and six months to two years [the scope of recommendation] [the range of general person] - Application of applicable Acts of reflectd half of mitigation elements [the scope of punishment] applicable provisions of applicable Acts: Three years or more [decision of sentence].

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