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(영문) 인천지방법원 2014.06.25 2014고단3169
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for two years.

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 May 1, 2014, at around 01:08, the Defendant again expressed the victim E (33 years of age) who was under the influence of alcohol in front of the D convenience store located in Nam-gu Incheon Metropolitan City, as “I amb, I amb,” which was in possession of a deadly weapon ( approximately 23 cm in total length, approximately 12 cm in the knife length) and laid down the victim’s face part, which was a deadly weapon ( approximately 23 cm in total length, approximately 12 cm in the knife length), and laid the victim’s face part in need of treatment for about 14 days.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's protocol of examination of the accused;

1. Statement to E by the police;

1. A photograph of the injured party, a death diagnosis report, and an outpatient medical record;

1. Application of the records of seizure, the list of seized articles and Acts and subordinate statutes;

1. Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act concerning a crime, and 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. Probation under Article 62-2 of the Criminal Act;

1. The defendant's assertion of defense counsel under Article 48 (1) 1 of the Confiscation Criminal Act asserts that he was in a state of mental disorder by drinking alcohol at the time of the crime of this case. Thus, according to the records, the defendant was found to have drinking prior to the crime of this case, but he did not have the ability to discern things or make decisions, even though he was aware of drinking prior to the crime of this case.

The defendant's above assertion cannot be accepted as it seems to be in a state or weak condition.

The reason for sentencing [Scope of Recommendation] Where a person commits a crime against a large number of unspecified or unspecified victims in the basic area (two to four years) (including a person who is subject to special mitigation) or considerable partial damage (including a serious effort to recover damage) of Type 1 (Habitual Injury, Bodily Injury, Bodily Injury, Bodily Injury, and Bodily Injury), the basic area (two to four years), / Where he/she commits a crime against a large number of unspecified victims (decision of sentence].

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