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(영문) 의정부지방법원 2015.07.03 2015고단577

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

On October 24, 2014, the Defendant: (a) around 23:00 on the Namyang-si, the Defendant: (b) around 24, 2014, at the mutual influenite, the victim D (the age of 49) brought an objection to the instant case with the instant case two times, with a small influenite influence table.

In this respect, the defendant carried dangerous things and carried them with the victim who could not know the number of days of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation reports (to hear statements from victims and reports), and the application of Acts and subordinate statutes to report the occurrence of crimes;

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. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act [Scope of Recommendation] Habitual Injury, Bodi Bodi Bodi Bodi Bodi Bodily Injury, and Special Injury (Habitual Injury, Bodi Bodily Injury and Bodi Bodily Injury) [Special Mitigation] Punishment and Non-Punishment (Pronouncement Decision] 1 year and six months of imprisonment, suspension of execution 2 years, community service 80 hours disadvantageous: Defendant’s crime of this case is a major soldier who is a dangerous object, and is very highly dangerous act to take the end of the victim into consideration: Defendant’s life and behavior, intelligence and environment, relationship with victims, motive, means and consequence of the crime, circumstances after the crime, etc.; Defendant’s crime of this case is a dangerous object; Defendant’s whole crime of this case is recognized; Defendant’s life and behavior, victim’s character and behavior, intelligence and environment; Defendant’s relationship with the victim; Defendant’s motive, means and consequence of the crime; and other factors of sentencing under Article 51 of the Criminal Act.