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(영문) 인천지방법원 2015.01.27 2014고단9301
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

On November 30, 2014, at around 18:45, the Defendant collected the victim E (33 years of age) and the breath of alcohol in the Nam-gu Incheon Metropolitan City’s drinking house, and caused the injury of the victim, i.e., the head part of the victim’s head from the head part of the victim, one time, and the victim’s head from the head from which it is impossible to know the number of days of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding E;

1. Application of the Acts and subordinate statutes to victim photographs and fluor 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 grounds for sentencing that are advantageous to the following)

1. Application of the sentencing guidelines (type of crime), violence, habitual injury, repeated injury, special injury, habitual injury, repeated injury, injury by repeated offense, special injury (type 1) (special person): Reduction factors of punishment: In the area of mitigation of punishment [the scope of decision and recommendation in the area of recommendation]: One year and six months to two years and six months;

2. The sentence shall be determined in consideration of the fact that the accused has been punished for the same criminal records, but the victim does not want the punishment against the accused, the degree of the injury, the relationship with the victim, etc.;

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