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(영문) 인천지방법원 2015.10.15 2015고단5036
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 11, 2015, the Defendant: (a) around 23:10 on July 23, 2015, in the Dong-gu Incheon Metropolitan City, “D”, the victim E (55 years of age) who had been a person who had been a former person in the past had the victim drink with another woman and drinking, and (b) took the Defendant’s face of the Defendant, she considered the beer, “this year,” and she took a bath to the Defendant’s face, and she inflicted an injury on the victim, such as “the open wound of the head,” which requires treatment between two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Photographs of the victim;

1. Application of Acts and subordinate statutes to E;

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 (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act [Scope of Recommendation] With no basic area (two to four years) (two or more years) of habitual injury, repeated injury, and special injury (two or more years of habitual injury, repeated injury, and special injury) [Determination of sentence]; there is no agreement with the victim; there is no same record; there is a criminal record subject to punishment twice as a fine; there is somewhat contingent crime; it is somewhat contingent crime; recognition of and reflects the crime; degree of damage; the defendant's age, character and conduct, environment; motive and circumstance leading to the crime of this case; circumstances after the crime of this case; etc.

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