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(영문) 인천지방법원 부천지원 2015.03.26 2015고단175
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 two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On December 26, 2014, around 23:30 on December 26, 2014, the Defendant, while drinking alcohol together with the victim E (the age of 22) at the Han-gu, Seocheon-gu, Seocheon-si C1st floor, Seocheon-gu, Seocheon-gu, Seoul, caused the Defendant’s head by beer disease, which is a dangerous object on the table, and caused two weeks of treatment to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A written statement;

1. Application of Acts and subordinate statutes to damaged parts' photographs and diagnostic reports;

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. Reasons for sentencing under Article 62 (1) of the Criminal Act (the same shall apply to the reasons for discretionary mitigation);

1. Scope of the recommendation [Determination of types of punishment] Sentencing for violent crimes, sentencing criteria for repeated injury, repeated injury, special injury (type 1) and special injury (type 1): Reduction factors: Imprisonment with prison labor for a year and six months from June to June (Mitigation of mitigation) of a year and six years;

2. Determination of sentence: One and half years of imprisonment, and two years of suspended sentence, the defendant, with the beer of dangerous articles, inflicted an injury on the victim by getting the head of the victim from the beer disease, and the liability for the crime is not minor;

However, considering the fact that the defendant repents his mistake, that the victim does not want the punishment against the defendant, that there is no record of criminal punishment exceeding the fine, etc., and other circumstances such as the age, character and conduct of the defendant, and the situation after the crime, etc., the punishment as the order shall be determined.

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