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(영문) 인천지방법원 2013.12.16 2013고단4358
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

The defendant is between the victim C and the neighbor.

At around 23:10 on July 8, 2013, the Defendant, while drinking alcohol on the front of the Incheon Bupyeong-gu, Incheon, on the ground that the dog the victim kid on the road was prevented, and then bruding the victim’s face after drinking alcohol, which is a dangerous object by finding it at the victim’s home ( approximately 30cm in length, hereinafter “bru”), and bruding the victim’s face.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol concerning suspect interrogation of C;

1. Application of each statute on photographs;

1. Relevant Article 3 (1) or 2 (1) 3 of the Punishment of Violences, etc. Act, and Article 260 (1) of the Criminal Act concerning facts constituting an offense;

1. Discretionary mitigation: Articles 53 and 55 (1) 3 of the Criminal Act (i.e., extenuating circumstances, such as the fact that the defendant has agreed with the victim, the fact that the defendant has no criminal record of the same kind of offense, and the degree of

1. Suspension of execution: Article 62 (1) of the Criminal Act;

1. Probation order: It shall be decided as per the Disposition on the grounds of Article 62-2 of the Criminal Act and Article 59 or more of the Act on Probation, etc.;

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