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(영문) 인천지방법원 2016.01.20 2015고단7576
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

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

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

Reasons

Punishment of the crime

1. On October 14, 2015, the Defendant suffered special injury: (a) around 02:10, while drinking alcohol together with D restaurant located in Yeonsu-gu Incheon Metropolitan City, Yeonsu-gu, Incheon; and (b) while drinking alcohol with the victim E (28:3); (c) had a dispute with each other; (d) had a small-scale disease, which is a dangerous object on the table of the table, caused the victim to get the head of the victim; and (e) had a head of the victim’s chest and head of the victim’s chest due to drinking and salivation.

As a result, the Defendant, while carrying dangerous objects, inflicted bodily injury on the victim, such as the bones of bones that requires medical treatment for about 28 days.

2. In the D restaurant under the preceding paragraph managed by the Victim F at the time of the day of the preceding paragraph, the Defendant damaged the property by putting in the floor the things worth a total of 43,000 won of the market price, such as two water tanks, three water cups, three water cups, and two mats, which were set up on the tables, while assaulting E as referred to in the preceding paragraph.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspects of E;

1. G statements;

1. A written diagnosis of injury;

1. Application of the statutes on site photographs and photographs of damaged articles;

1. Relevant legal provisions of the Criminal Act, Articles 258-2 (1), 257 (1) (a point of special injury) of the Criminal Act, Article 366 of the Criminal Act, the choice of imprisonment for a crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The crime of this case on the grounds of sentencing under Article 62(1) of the Act on the Suspension of Execution is not consistent with the nature of the crime, since the crime of this case was committed against the victim due to the main illness, which is a dangerous article of the defendant. However, the defendant recognized the crime of this case, there was a conflict with the victim E, the defendant was smoothly agreed with the victim. As to the damaged part of the property, the damage was compensated, the defendant's age, sexual behavior, environment, motive and circumstance leading to the crime of this case, and circumstances after the crime, etc. shall be determined as the sentence of this case.

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