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(영문) 인천지방법원 2013.10.02 2013고단4439
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
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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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 02:00 on July 3, 2013, the Defendant, while drinking alcohol together with the victim E (the age of 56) before the victim’s convenience store in Seo-gu Incheon Metropolitan City, had the victim listen to the desire of the victim, which is a dangerous object, and had the victim’s face and had the victim gather the plastic softens, which is the dangerous object, and had the victim’s face and had the victim’s right-hand sponsed.

Summary of Evidence

1. Defendant's legal statement;

1. E prosecutorial statement;

1. Photographs of victims and criminal tools;

1. Application of Acts and subordinate statutes to an investigation report (to hear statements on victim E phone calls), investigation report (to hear statements on phone calls related to injury of the victim);

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. Although the defendant for the reason of sentencing under Article 62-2 of the Probation Criminal Act has a record of having been sentenced to suspended sentence of imprisonment or a fine twice for violent crimes, such as injury, it shall be strictly punished in that he/she committed the instant crime.

However, a suspended sentence of imprisonment shall be imposed on the condition of probation, taking into account all the sentencing conditions, such as the defendant's age, environment, and family relationship, where the defendant is making a confession of the crime in this case and led to a contingent crime under the influence of alcohol (not in the state of mental disorder), the degree of injury of the victim is minor and the victim does not want the punishment of the defendant.

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

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