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(영문) 인천지방법원 2014.04.21 2014고단1518
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

Criminal facts

On January 26, 2014, the Defendant: (a) around 17:00, at the “D” restaurant located in Bupyeong-gu Incheon Metropolitan City, and (b) on the ground that the victim E (53 years of age) who performed drinking together was at the age of the Defendant, and was at the discretion of the Defendant, such as, the victim E (53 years of age) was at the age above the Defendant, and caused injury to the victim by putting the victim’s head part on three occasions, which is a dangerous object at the same time, the victim’s head part on three occasions, which was at the risk of treatment.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding E;

1. Application of Acts and subordinate statutes on standing 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 points agreed with the victim);

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence (the decision of a suspended sentence) of the Act on the Suspension of Execution (the decision of a suspended sentence) is to suspend the execution of a sentence against the defendant, taking into account the following factors: (a) special injury (a person who has been injured by violence) and not to punish [a person who has been punished (a person who has been specially punished] [a person who has been punished] from June to two years

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