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(영문) 인천지방법원 2015.06.25 2015고단1524
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 two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

At around 1:30 on February 20, 2015, the Defendant went to a guest with male-gu, Nam-gu, Incheon Metropolitan City D convenience store on the ground that the victim E (the 19-year old age), who is an employee of the above convenience store, was not involved in theization, and the victim was collected from the victim, her bath, her bath, and continued into the knife, her hand her hand her hand her head, her head her head her hand, her head her hand, her head her hand her head her hand, and her metal her metal she was a dangerous object on the knife at the knife, and her head her hand her hand, and she threatened the victim.

As a result, the Defendant carried a family face, which is a dangerous thing, and put the victim into an examination in the number of days of treatment (such as fingers, face sides, etc.).

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol regarding E;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes, such as Egrams and CCTV images;

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 (The following extenuating circumstances among the reasons for sentencing):

1. Reasons for sentencing under Article 62(1) of the Criminal Act (hereinafter the following sentencing grounds) of the suspended sentence [the scope of recommendation] of the sentence of habitual injury, repeated injury, special injury (a repeated injury, repeated crime, and special injury) of the type 1 of the Act on the Special Mitigation (9-2 and 6 months) (a special mitigation). (a) minor injury, or non-aggravated injury (a special mitigation decision] of the sentence (a dangerous object) of the Act on the Suspension of Execution and causing injury to the victim; (b) the victim did not want to be punished against the defendant; and (c) the victim did not want to be punished against the defendant; and (d) the victim had the record of being punished once due to the crime of injury, but there is no other criminal record.

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