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(영문) 인천지방법원 2015.06.17 2015고단2227
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

On January 9, 2014, the Defendant, at around 02:10 on January 9, 2014, calculated the alcohol value of the victim E (n, 47 years of age) in the south-gu Incheon Metropolitan City, but did her horse dispute while calculating the alcohol value of the victim, he was her hand and her knicked with the victim's kick, who was a dangerous object that had been her tabled, and continued to her head three times from the plastic left.

As a result, the defendant, carrying dangerous objects and assaulted the victim, thereby causing injuries to the victim, such as the left-hand part of the 21-day therapy, satisfy, salt, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to G and E;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

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. Reduction elements of types 1 (Habitual Injury, Bodi Bodily Injury and Special Bodily Injury) (Special Bodily Injury) (Special Bodily Injury and Bodily Injury) (The range of recommending punishment) applicable to the sentencing criteria (Determination of types): One year and six months to six months;

2. Determination of sentence: The sentence shall be determined as ordered in consideration of various sentencing conditions, such as the defendant's age, character and behavior, environment, motive and circumstance after the crime, etc., in one year and six months of the suspension of execution, the fact that the defendant reflects the crime of this case, the victim does not wish to punish the defendant as agreed with the victim, the fact that there is a family member to support the defendant, and other various sentencing conditions.

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