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(영문) 의정부지방법원 2015.09.11 2015고단2236

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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 19:00 on March 21, 2015, the Defendant collected the head of the victim, who was in danger of satisfying, on the ground that the victim E, who performed drinking together, was in danger of satisfying, and continued to satisfy the head of the victim, on the ground that the victim E was in danger of satisfying, and suffered injury to the victim, such as the right pipe, the part of the right pipe, and the part of this end, which require treatment for about 14 days to the face of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A written statement;

1. A written diagnosis of injury;

1. Application of the photographic Acts and subordinate statutes;

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

1. Reasons for sentencing under Article 62 (1) of the Criminal Act [Scope of Recommendation] The area of mitigation (a special mitigation) (a year and June to two years), the area of mitigation (including a serious effort to recover damage) (a person subject to special mitigation), the area of mitigation of punishment, the area of mitigation of punishment (including a serious effort to recover damage) or the area of mitigation of considerable damage: Imprisonment with prison labor for one year and six months from June to six months (a decision of sentence], the period of one year and six months from one year to six months, the period of suspension of execution and the period of three years disadvantageous to one year: The fact that the injury was inflicted on the victim by the major soldier who is a dangerous object; the history of the same kind of fine crime; the normal situation favorable to one person: A reflection on his mistake; the fact that the victim has agreed to pay a certain amount of money for

In light of the Defendant’s age, character and conduct, intelligence and environment, relationship with the victim, motive, means and consequence of the commission of the crime, circumstances after the commission of the crime, and other factors such as sentencing prescribed in each subparagraph of Article 51 of the Criminal Act. It is so decided as per Disposition.