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(영문) 인천지방법원 2015.12.16 2014고단951
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

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

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 31, 2013, the Defendant: (a) around 23:45, at the “D” head office located in Bupyeong-gu Incheon Metropolitan City Bupyeong-gu, “D” heading together with the victim E and his/her daily work; (b) he/she heard the victim’s speech badly from the victim’s daily work; and (c) collected the victim’s child, who was a dangerous object from the victim; and (d) laid the victim with the right eyebrow, etc., where the victim’s number of days of treatment is unknown.

Summary of Evidence

1. Defendant's legal statement;

1. On-site reports on violence incidents;

1. Application of Acts and subordinate statutes to photographs of the victim's face;

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Reduction elements of types 1 (Habitual Injury, Bodi Bodily Injury and Special Bodily Injury) (Special Bodily Injury) (Special Bodily Injury and Bodily Injury) (The range of recommending punishment) applicable to the sentencing criteria (Determination of types): One year and six months to six months;

2. Determination of sentence: The sentence shall be determined as ordered in consideration of the overall sentencing conditions, such as the fact that the defendant for a year of suspension of execution of one year and six months reflects the crime of this case, the victim does not want the punishment of the defendant, the age, character and conduct, environment, motive and circumstance of the crime, and circumstances after the crime;

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