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(영문) 인천지방법원 2013.10.24 2013고단4542
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
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A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

Around 02:00 on May 8, 2013, the Defendant: (a) brought a dispute with the E-ju No. 7 E-ray operated by the Victim C (the 44 years of age, women), stating that the Defendant would have been unable to pay the victim any money, and that he would have been able to pay the victim the money; (b) the Defendant was suffering from the injury that requires approximately 6 weeks of treatment, such as the Defendant’s hardening line of the finger and damage to flabing flabbing, by cutting off the empty beer, which is a dangerous thing on the table, due to the flabing of the flab, and the flabing of the flab, caused the Defendant to face the flabing side of the flab.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to medical certificates, medical records certificates and certificates;

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. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 201Da1548, Apr. 2, 201; Supreme Court Decision 201Da1448, Apr. 2, 201)

1. The crime of this case on the grounds of sentencing under Article 62(1) of the Criminal Act is also very serious as the crime of this case is committed by the defendant, such as the defendant's deprivation of beer's disease and the injury to the victim, such as protruding the body of the victim's arms, etc.

On the other hand, the defendant is the first offender who has no criminal power, and is against his/her wrongness, and the victim has reached an agreement with the victim, thereby leading the defendant.

Comprehensively taking into account all the above points, the sentence shall be determined as ordered.

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