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(영문) 인천지방법원 부천지원 2015.05.28 2015고단1017
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On April 12, 2015, at approximately 01:15, the Defendant got the face of the victim E (the age of 43) who was at the time of ‘C' in the front of the ‘C' in Bupyeong-si B, Bupyeong-si, the Defendant left the front of the victim with a brick (a) which is a dangerous object at the same time (a 20cm, 15cm in length, 4cm in thickness).

In this respect, the defendant carried dangerous objects and assaulted the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement of the E, F, D, and G;

1. Application of Acts and subordinate statutes to field photographs, brick photographs, each investigation report, injury diagnosis report (E);

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning the crime concerned, Article 260 (1) of the Criminal Act;

1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (hereinafter referred to as the following grounds for sentencing)

1. The scope of recommendation [decision of types] the sentencing criteria for violent crimes, assault crimes, and special assault (type 6) (type 6) (the scope of recommendation punishment] (the scope of recommendation punishment), six months from June to October (basic area);

2. Determination of sentence: The defendant, for six months of imprisonment with prison labor, was punished several times for violent crimes, and the defendant did not know even though he had a strong career of serving a heavier punishment, and used the fighting with the wall in this case and did not receive a letter from the victim. It is inevitable to sentence the defendant to imprisonment with prison labor.

However, considering the fact that the defendant is aged, character and conduct, circumstances after the crime, etc., the sentencing guidelines determined by the Supreme Court's sentencing committee shall be determined as per the order.

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