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(영문) 의정부지방법원 고양지원 2013.07.24 2013고단363

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 becomes final and conclusive.

Reasons

Punishment of the crime

Around 23:00 on April 4, 2012, the Defendant: (a) stated that the Victim E (the 46-year-old) who performed drinking together did not pay the Defendant to dispose of the Defendant’s vehicle or did not borrow money by taking the Defendant’s vehicle as security; (b) made a re-money demand by the Defendant, the Defendant: (c) placed the victim’s head at one time due to an empty (the dangerous object in the bend place); and (d) placed the victim’s head at one time due to a new main of the dangerous object, the victim’s head at one time.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

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. Article 62 (1) of the Criminal Act;

1. The crime of this case is serious since the crime of this case was committed by a major illness, which is a dangerous object, under Article 62-2(1) and the main sentence of Article 62-2(2) of the Criminal Act, and Article 59 of the Act on Probation, etc. [The reason for the punishment]. However, the defendant's punishment was determined as ordered by taking into account the following factors: some of the factors to be considered in the circumstance; the victim's medical expenses are deemed to have been paid; and all other factors of sentencing against the defendant.