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(영문) 인천지방법원 부천지원 2015.07.29 2015고단1518
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

To the extent that it does not affect the defendant's exercise of the right of defense, the following facts charged are organized (Adjustment of Victim H to Victim E) and criminal facts are recognized:

At around 02:50 on May 16, 2015, the Defendant, within the “C” restaurant located in Seocheon-gu, Seocheon-gu, Seocheon-si B, 2015, caused a verbal dispute between the Defendant’s female job-friendly D and the victim E (the age of 42), and caused the Defendant to take drinking between F, G and the victim, and caused the Defendant’s injury to which the number of days of treatment could not be known, by taking account of an empty juvenile’s disease, which is a dangerous object located in the small-scale gambling house, 5 to 6 times from the victim’s head head, and making the victim escape from the two sides of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the suspect interrogation protocol of E;

1. Application of the video Acts and subordinate statutes to each damaged part of the photograph;

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decisions 201Do32, Apr. 1, 20

1. Reasons for sentencing under Article 62 (1) of the Criminal Act of the suspended sentence [Scope of Recommendation] : Type 1 (Habitual Injury, Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodily Injury, Bodi Bodi Bodily Injury and Special Bodi Bodi Bodi Bodi Bodily Injury) (including efforts to recover damage) mitigated area (one year and six months to two years) / [decision of sentence] Decision of sentence / Decision of sentence / Defendant seems to have led to confession of the instant crime and repent of his mistake; Defendant has agreed smoothly with the victim; Defendant has agreed smoothly with the victim; and type of the instant crime and Article 51 of the Criminal Act, comprehensively taking into account the circumstances under Article 51 of the Criminal Act, the sentence shall be set within the scope of the recommended sentence

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