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(영문) 인천지방법원 부천지원 2012.12.21 2012고단1849
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

At around 01:00 on September 14, 2012, the Defendant, when drinking alcohol with the victim D (year 51) and E, etc. as a spawn, he was able to take a bath to E as a matter of money, and the victim took a bath to E as a matter of money, and the victim was able to take a bath to the victim, and the Defendant was able to take a bath to the victim and was able to take a smell with hot gas that is a dangerous thing that occurs on the job.

As a result, the defendant put the victim into a dangerous object, such as a stove stove stove 2ndic stove s to the victim in need of treatment for about 3 weeks.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. A written diagnosis of injury;

1. Application of the Acts and subordinate statutes governing bodily injuries;

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. The defendant asserts to the effect that the judgment of the defense counsel under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation was in a state of mental disorder or mental disorder by being drunk at the time of committing the instant crime.

According to the above evidence, the defendant did not have the ability to discern things or make decisions at the time of committing the crime.

Therefore, the defense counsel's assertion is rejected.

Although the method of crime for sentencing is cruel, and the damage result therefrom is considerably significant, it is inevitable to sentence sentence because the victim did not receive medical treatment assistance, and it is not agreed.

However, it shall be determined by the order after reducing the amount of punishment in consideration of the fact that the defendant stated that he is guilty, the fact that he was a contingent crime, the fact that he was punished by a fine of 700,000 won by an act of violence in 2004, the fact that he was not subject to criminal punishment, the age, environment, etc. of the defendant,

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