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(영문) 인천지방법원 2014.10.16 2014고단5420
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

[criminal power] On May 15, 2014, the defendant was sentenced to 10 months of imprisonment for fraud, etc. at the Incheon District Court and 3 years of suspended execution, and the above judgment becomes final and conclusive on the 23th of the same month and is still under suspended execution.

【Criminal Facts】

At around 18:30 on May 16, 2014, the Defendant, while drinking alcohol to the victim E (the age of 48) and other alcoholic beverages from the D Public Notice Hostel 4 located in Seo-gu Incheon, Seo-gu Incheon, Seo-gu, Incheon, on the ground that the victim was able to take a bath and speak in a large sense of drinking, the Defendant laid down two times the head of the victim’s disease, which is a dangerous object on the floor, and laid down the victim’s head in the front of the treatment days.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Police suspect interrogation protocol regarding F;

1. Statement to E by the police;

1. Investigative reports, photographs of the injured part of the scene and victim, copies of 112 working hours, text of the notice of 112 reported cases, report on internal investigation (suspected statement);

1. Previous records: Application of inquiry reports on criminal records, etc. and investigation reports (report attached to judgments on related cases A by a suspect) and Acts and subordinate statutes;

1. Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act concerning the facts constituting an offense, and Article 257 (1) of the Criminal Act ( Imprisonment);

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (hereinafter referred to as the following grounds for sentencing)

1. Scope of applicable sentences under Acts: Imprisonment for one year and six months to fifteen years; and

2. Application of the sentencing criteria;

(a) Determination of types: (a) violence, 02. Habitual injury, repeated injury, special injury (type 1), habitual injury, injury by repeated offense, injury by repeated offense, special injury by special injury;

B. No special person: The prosecutor, who does not have any special person, takes a serious injury and cruel method as an aggravated factor for a special person. However, although the injury of this case constitutes a dangerous injury, it is difficult to regard the injury as a serious injury on the two parts, and it is limited to two parts of the main disease.

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