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(영문) 인천지방법원 2014.04.22 2014고단1516
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 becomes final and conclusive.

Reasons

Punishment of the crime

On February 16, 2014, around 04:25, the Defendant reported that the victim C(the age of 21) is drinking his wife and alcohol in Bupyeong-gu, Incheon, Bupyeong-gu, Incheon, 35, and reported that the victim C(the age of 21) is drinking his wife and drinking, and provided the head of the victim with the disease, which is a dangerous object on the front of the victim, and continued to take the head of the victim at once, and caused the victim to tear the victim's right-hand eye with the head of the dangerous object.

Accordingly, the defendant carried dangerous articles and inflicted an injury upon the victim who could not know the number of days of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. On-site photographs and victim photographs;

1. Application of Acts and subordinate statutes to the investigation report;

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Grounds for sentencing under Article 62-2 of the Social Services Criminal Act;

1. Application of the sentencing criteria [Determination of types] Reduction elements of violence, habitual injury, repeated injury, special injury, habitual injury, repeated injury, injury by repeated offense, special injury (type 1] and special injury by repeated offense: In the area of mitigation of punishment [the area of recommendation and the scope of recommendation], reduction area of punishment [the area of recommendation and the scope of recommendation], one year and six months from June to June;

2. The crime of this case, which was determined to be sentenced, should be punished strictly by considering the fact that there is a considerable risk in light of the applicable law, etc., but the defendant has to be punished strictly. However, considering the fact that the defendant is in depth of his mistake, the victim expresses his intention not to want the punishment by being investigated by an investigative agency, and other various circumstances that are conditions for sentencing, such as the defendant's age, environment, family relationship, and circumstances after the crime, the punishment as ordered shall be determined

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