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(영문) 인천지방법원 부천지원 2015.01.22 2014고단3091
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

On August 31, 2014, at around 08:25, the Defendant, through the Defendant, engaged in insurance business, carried out the insurance business with the victim E (the victim E, 49 years old) who is a member of the early axis-gu Seoul Special Metropolitan City, Seocheon-gu D restaurant, and carried out the insurance business, and caused the victim to have the loss of the victim, who was put on the math part of the victim, to have the math of the treatment days, which is a dangerous object that had been loaded on the eth of the defective eth of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes on crime tools and damaged photographs;

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 (the same shall apply to the reasons for discretionary mitigation);

1. Scope of the recommendation [Determination of types of punishment] Sentencing for violent crimes, sentencing criteria for repeated injury, repeated injury, special injury (type 1) and special injury (type 1): Reduction factors: Imprisonment with prison labor for a year and six months from June to June (Mitigation of mitigation) of a year and six years;

2. Determination of sentence: One year and six months of imprisonment, and two years of suspended execution, the defendant laid the ship to the victim, which is a dangerous article, and inflicted an injury on the victim; and the liability for the crime is not easy;

However, considering the fact that the defendant repents his mistake, that the victim does not want the punishment against the defendant, that there is no record of criminal punishment exceeding the fine, etc., and other circumstances such as the age, character and conduct of the defendant, and the situation after the crime, etc., the punishment as the order shall be determined.

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