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(영문) 인천지방법원 2015.07.16 2015고단1864
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

At around 13:40 on February 28, 2015, the Defendant, within the “D Company” located in the Namdong-gu Incheon Metropolitan City, and the victim E (Nam and 53 years of age) did a dispute with each other due to the unpaid payment of the price of goods, brought about about about 50cc in hand a pipe siren (50cm in length), which is an object dangerous to chemicalified, and brought about a doubt with the above pipe siren, and continued to sprink the victim’s sprink and sprink the victim’s sprink.

As a result, the Defendant carried dangerous objects with the victim and carried them about about 14 days of medical treatment, such as “equality medical examinations and prizes.”

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes, such as a written injury diagnosis and damaged photograph;

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 the suspended sentence under Article 62(1) of the Criminal Act [the scope of recommending punishment] The grounds for the sentencing [the range of habitual injury, repeated injury, special injury] shall be determined as per the order, taking into consideration the following factors: (a) minor injury [special mitigation], the violation of punishment (decision of sentence], the violation of the provisions of the Criminal Act (decision of sentence], and the violation of the provisions of Article 62(1) of the Criminal Act, such as taking a pipeline, which is a dangerous object, to inflict bodily injury on the victim; (b) there is no criminal record agreement with the victim; (c) there is no criminal record record; (d) the defendant's age, character and conduct, environment, motive and circumstances leading to the instant crime; and (e) the circumstances after the instant crime.

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