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(영문) 인천지방법원 2014.08.28 2014고단4085
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, 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 June 8, 2014, at around 23:35, the Defendant went to the toilet while drinking E and drinking at Dhophouse located in Namdong-gu Incheon Metropolitan City, and having a dispute.

The victim F (L, 57 years of age) expressed the desire to “Ahhh,” and put an empty beer disease, which is a dangerous object, toward the victim, at the price of the victim’s right bucks.

In this respect, the defendant carried dangerous objects and assaulted the victim.

Summary of Evidence

1. Defendant's legal statement;

1. F's statement of the police;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning the crime concerned, Article 260 (1) of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] Where the mitigation area (including persons who have been subject to special mitigation), mitigation area (including serious efforts to recover damage) or considerable damage has been recovered from the area of mitigation (4 to 1.2 months), or considerable damage (the decision of sentence] of the mitigated sentence (the decision of sentence is not good, but it is extremely agreed upon with the victim; the defendant's age, character and behavior, family environment, circumstances leading to the crime of this case and the result thereof, etc., are considered as follows: the punishment is determined as ordered, taking into account the various sentencing conditions as shown in the records and arguments of this case.

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