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(영문) 인천지방법원 2014.04.17 2013고단8373
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

At around 23:00 on November 1, 2013, the Defendant, while driving the Era vehicle on the front side of the Yeonsu-gu Incheon High School D High School located in Yeonsu-gu, Incheon, for the reason that the victim G (the age of 42) who driven the F vehicle while passing the vehicle while passing the vehicle, was cut down, again passing the said vehicle by the victim again.

After the victim re-overtakes the vehicle, the victim prevented the Defendant from driving the vehicle on the front of the rapped vehicle.

Accordingly, the defendant proceeded with 500 meters away from the rads of the above rads.

As a result, the defendant carried a dangerous object, and suffered injury to the victim for about three weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. The descriptions of the G Statements;

1. Descriptions of a medical certificate;

1. Each description of damaged photographs, CCTV images, and the application of statutes on images;

1. Article 3 (1) and Article 2 (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes, Articles 2 (1) and 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. Grounds for sentencing under Article 62(1) of the Criminal Act (see the following grounds for sentencing)

1. Application of the sentencing guidelines [type of crime] domestic violence, habitual injury, repeated injury, special injury, habitual injury, repeated injury, repeated injury, special injury (type 1) (special person): Reduction element of punishment and recovery from damage (determination of the recommended area and scope of recommended punishment] mitigated area: Imprisonment with prison labor for a year and six months from June to two years and six months from June [Suspension of Execution] mitigated area; serious reflectness;

2. The sentence shall be determined like the order, comprehensively taking into account the following factors: (a) the defendant who has agreed with the victim to the sentence; (b) the defendant has no record of punishment for the same kind of criminal record; (c) the defendant reflects his mistake in depth; and (d) the age and environment of the defendant and other various sentencing factors expressed in

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