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(영문) 인천지방법원 부천지원 2015.07.02 2015고단1120
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

On April 5, 2015, the Defendant: (a) went to 'D party room located in Orcheon-gu, Orcheon-si C'; (b) went to 'D party room' while drinking; (c) and (d) went to her home, the victim E (the 44 years of age) who was first going to her home, was frighted, and went to 2:3 times from her face to her home; and (d) when the head of the victim was her home as a dangerous object, the Defendant got to her home care for a period for which it is impossible to identify the number of days of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding E;

1. Application of Acts and subordinate statutes to damaged photographs and criminal implements 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. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;

1. Scope of the recommendation [Determination of types of punishment] Sentencing for violent crimes, sentencing criteria for repeated injury, repeated injury, special injury (type 1) and special injury (type 1): Reduction factors: Imprisonment with prison labor for a year and six months from June to June (Mitigation of mitigation) of a year and six years;

2. Determination of sentence: One year and six months of imprisonment, and two years of suspended sentence, the defendant, using the party's documentary account, which is a dangerous article, has inflicted an injury on him, and the liability for the crime is not against the law;

However, the punishment as ordered shall be determined in consideration of the age, character and conduct of the defendant, circumstances after the crime, etc., such as the fact that the defendant led to the confession of the crime and the victim does not want the punishment against the defendant.

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