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(영문) 인천지방법원 부천지원 2015.05.13 2015고단337
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, 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

To the extent that it does not affect the exercise of the defendant's right to defense, the facts charged are organized as follows and recognized:

On December 4, 2014, around 03:35, 2014, the injured party B (Nam, 48 years of age) thought that the defendant brought his/her mobile phone in front of the "D station" located in Seocheon-gu, Seocheon-gu, Seocheon-si C, and that the defendant aboard a taxi stops his/her vehicle and returned his/her mobile phone to the defendant.

For the foregoing reason, the Defendant assaulted the victim’s head by taking the victim’s bat, batd with bat, batd with batd with batd with batd with batd with batd with batds, and catd with satd with satd with satd with satds,

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police suspect interrogation protocol concerning B;

1. Application of Acts and subordinate statutes on images of photographs;

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 points agreed with the victim);

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc. [Scope of Recommendation] The mitigated area (4 to 1.2 months), where punishment is not granted (including efforts to recover damage), or considerable damage is recovered from the mitigated area (including a person subject to special mitigation), or where circumstances favorable to the defendant have agreed smoothly with the victim at the investigation stage: The defendant has a history of having been punished several times for the same crime and other circumstances under Article 51 of the Criminal Act to determine the term of punishment within the recommended range under the sentencing guidelines and suspend the execution of imprisonment; comprehensively considering the circumstances under Article 51 of the Criminal Act;

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