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(영문) 인천지방법원 2015.10.15 2015고단5160
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

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

Reasons

Punishment of the crime

On June 13, 2015, at least 04:11, the Defendant expressed a desire to restrain the victim E (the age of 48) from working for the singing room and the costs of the singing room. On the ground that the victim E (the age of 48) expressed a desire to refrain from working for the singing room business and the costs of the singing room, the Defendant put the victim’s face into a micro ( approximately 25 cm in total length) which is a dangerous object in the said singing room, in which the victim’s face is several times, and the number of days of treatment cannot be known to the victim.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding E;

1. The police statement concerning F;

1. Application of E damaged photographs and on-site photographs statutes;

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. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act [Determination of Punishment] Violence: Type 1 (Habitual Injury, Bodi Bodily Injury, Bodily Injury and Special Bodily Injury): Reduction element - [Determination of the recommended area] Reduction element] [Determination of the mitigated area] Reduction element (Article 18-2) (Article 62-2) (Article 62-2 of the same Act - Reduction element: Suspension of the sentence] - The serious reflector [Article 62-2 of the same Act] - The main reason for the main commitment - The reason for the refusal of the punishment - there is no positive contingency, serious reflector, or no previous conviction above the suspension of execution [Determination of the sentence] The above sentencing element and the fact that the defendant has been punished three times due to violence-related crimes, etc. are determined as per the disposition of the court.

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