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(영문) 인천지방법원 2015.09.17 2015고단4506
폭행등
Text

A defendant shall be punished by imprisonment for one year.

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

1. At around 02:15 on November 27, 2014, the Defendant: (a) reported that the victim E (33 years of age) laid a glass breath on the floor of the building of the building of the building of the Nam-gu Incheon Metropolitan City, the victim E (33 years of age) was blicking the glass on the bottom of the building; (b) was blicking the beer’s deposit, and slicking the beer’s disease; and (c) even if the victim was blicked, the victim continued to slick down and slicked the victim; and (d) the victim was blicked by the victim; (c) the victim’s blick was slick at one time.

2. The Defendant violated the Punishment of Violences, etc. Act (injury by collective action, deadly weapons, etc.), at the same time and place as set forth in paragraph (1), and when the victim who was assaulted pursuant to paragraph (1) enters the kitchen room, brought the kitchen knick, and brought the kitchen knick, which is a dangerous object on the table, brought the victim into the head of the victim, and brought about multiple gamblings in need of treatment for about 14 days.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of suspect E by the prosecution;

1. Each police statement made to F, G, and H;

1. Application of Acts and subordinate statutes to photographs, written diagnosis of injury, and photographs;

1. Articles 3 (1) and 2 (1) 3 of the relevant Act on the Punishment of Violences, etc. against Criminal Crimes; Article 257 of the Criminal Act; Article 260 (1) of the Criminal Act (the point of violence and the choice of imprisonment with labor);

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

1. Statutory mitigation under Articles 53 and 55 (1) 3 of the Criminal Act;

1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 2009Da11448, Apr. 1, 2007; Supreme Court Decision 201Da11448, Apr. 2, 201)

1. Reasons for sentencing (the decision of a sentence) under Article 62(1) of the Criminal Act (recognating the grounds for discretionary mitigation) of the suspended sentence shall be (the decision of a sentence) violence.

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