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(영문) 인천지방법원 2014.12.18 2014고단7957
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 of the final judgment.

Reasons

Punishment of the crime

At around 21:00 on October 12, 2014, the Defendant collected a knife (mnife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife) and knife knife knife knife knif).

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. E statements;

1. Application of Acts and subordinate statutes to police specialists, such as the offender's land, case's radio wave report, etc., Crylic photographs, and field documentary evidence photographs

1. Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act concerning the facts constituting an offense, and Article 257 (1) of the Criminal Act ( Imprisonment);

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act. Article 55 (1) 3 of the Criminal Act

1. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as “the reason for sentencing”) of the suspended sentence;

1. Scope of applicable sentences under Acts: Imprisonment for one year and six months to fifteen years; and

2. Application of the sentencing criteria;

(a) Determination of types: (a) violence, 02. Habitual injury, repeated injury, special injury (type 1), habitual injury, injury by repeated offense, injury by repeated offense, special injury by special injury;

(b) Special contributors: Reduction elements (minor injury, non-existence of punishment);

(c) In general, factors to be mitigated (no criminal punishment force shall be available);

(d) Scope of recommending punishment: Special mitigation area, from September to June 2.

3. Determination of sentence: Imprisonment with prison labor for one year and six months, and two years under the suspension of execution (limited to reasonable circumstances), minor injury, contingent crime, victim’s penalty not to be imposed, and injury with a deadly weapon, without any force on criminal punishment;

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