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(영문) 인천지방법원 2015.11.04 2015고단5870
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

At around 03:40 on June 26, 2015, the Defendant, at the main point of “D” located in Gyeyang-gu Incheon Metropolitan City, inflicted injury on the victim E (n, 60 years of age) who is the president of the main store, on the ground that the Defendant was bad in conversations with the victim E (n, who is the 60 years of age). When the Defendant reconverts the victim’s back head one time with the beer disease, which is a dangerous object on the table, the head of the victim’s back one time, and the victim’s hand at the head of the knife, the Defendant inflicted injury on the victim, which requires approximately two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Each injury diagnosis letter;

1. Application of statutes on site 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. 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. Where the mitigation area (one year and six months to two months), the mitigated area (one year and six months to six months), the penal penalty (including serious efforts to recover damage), or considerable partial damage is recovered in the area of mitigation (including a person subject to special mitigation), the penal penalty of which (including a serious effort to recover damage), or the penal penalty of which is imposed on the sentencing guidelines;

2. In this case, under the influence of alcohol, the defendant gets the head of the victim, who is the president of the main branch, with the beer of the main branch, which is a dangerous thing in the main branch, and the character of the crime is not very good;

However, in light of the fact that the defendant recognized the crime of this case, the fact that the defendant agreed smoothly with the victim, the fact that there is no record of a crime above the same kind and suspended execution, the defendant's age, character and behavior, environment, motive and circumstance leading to the crime of this case, circumstances after the crime, etc., the punishment as ordered shall be determined.

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