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(영문) 의정부지방법원 고양지원 2015.04.16 2014고단3136

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등

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

1. On August 22, 2014, the Defendant violated the Punishment of Violences, etc. Act (a collective injury with a deadly weapon, etc.) and at around 22:15, the Defendant suffered bodily injury, such as double fluor, etc., for which two weeks of medical treatment is required for the victim’s two-day medical treatment, as he/she was placed on his/her own motion in the victim’s place of business, and he/she was fluort with E, which is a dangerous object, in line with the head of the victim F (n, 23 years of age) where he/she had drinking alcohol on the side.

2. Around August 22, 2014, the Defendant assaulted the victim G (25 years of age) who f's face and back the victim's face by drinking alcohol and drinking water, and assaulted the victim H (n, 24 years of age) who f's f's f's f's f's f's f's f's f's f's f's f's f's f's f's f's f's f's f's f's f's f's f', and f's f's f's f'

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Each police statement made to G, H and F;

1. A report on internal investigation (investigation into CCTVs at the site);

1. On-site photographs;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Articles 3 (1) and 2 (1) 3 of the Act on the Punishment of Violences, etc. of Violences, Article 257 (1) of the Criminal Act and Article 260 (1) of the Criminal Act concerning facts constituting an offense;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation (see the following reasons for sentencing):

1. Article 62(1) of the Criminal Act (see the following reasons for sentencing)

1. The risk of the instant crime on the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act is large; however, the Defendant’s mistake is divided, the Defendant has no record of punishment heavier than punishment once by fine, and the injury is the same.