(영문) 인천지방법원 2016.03.16 2011고단4987

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(영문) 인천지방법원 2016.03.16 2011고단4987

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 12, 2011, around 01:00, the Defendant deemed that at the “D” restaurant operated by the Victim C (46) located in Seo-gu Incheon, Seo-gu, Incheon (hereinafter “D”), the Defendant returned to the seat of the Plaintiff, and whether there is a opening of the victim.

It refers to "the victim" and "the victim's disease, which is a dangerous object on the table of the table table, was carried out as his hand, and the victim's head was taken once, and the victim's head was put into the victim's head and 14 days was put into a cerebral bath that requires treatment.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Relevant Article 258-2 (1) of the Criminal Act, Article 258-2 of the Criminal Act, Article 257 (1) of the Criminal Act, and the choice of imprisonment for a crime;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. On August 2, 2011, no sentencing guidelines have been set for the crime indicated in the judgment (the date of public prosecution: August 26, 2011) (the crime of this case is serious in that the defendant committed a crime of this case where the victim who was in a state of secret guard without any justifiable reason was sexually ill, and the defendant committed a second offense despite the past record of the same kind of fine in 2010, and thus, the defendant is sentenced to imprisonment with prison labor.

In determining the term of punishment, the above circumstances shall be taken into consideration: Provided, That the execution of the punishment shall be suspended in consideration of the fact that the defendant acknowledges the crime, agrees with the victim, etc., and the victim seeks the wife of the defendant, and only the defendant has the history of the fine.

In addition, in order to prevent recidivism, a social service order is given to the defendant.

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