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(영문) 인천지방법원 부천지원 2015.07.02 2015고단1271
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)
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A defendant shall be punished by imprisonment for 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

At around 21:00 on May 6, 2015, the Defendant used the victim’s head to be a beer who was at a dangerous object on his/her customer’s seat and has been in dispute with the victim D (51 years of age). The Defendant used the victim’s head to be a beer who was at his/her customer’s seat.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of police suspect regarding D;

1. Written statements of D;

1. Application of photograph (D)-related Acts and subordinate statutes;

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning the crime concerned, Article 260 (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. The scope of recommendation [decision of types] the sentencing criteria for violent crimes, assault crimes, special assault (type 6) [special assault (type 6] [the scope of recommendation] imprisonment with prison labor for April to one year and two months (the scope of corrected recommendation] imprisonment with labor for 6 months from 6 months to 1 year and two months (the minimum limit of punishment)

2. Determination of sentence: Imprisonment with prison labor for six months, and the suspension of execution for two years, the defendant uses a beer disease, which is a dangerous thing, and the liability for such crime shall not be mitigated;

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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