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(영문) 의정부지방법원 2013.12.05 2013고단3090

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 became final and conclusive.

Reasons

Punishment of the crime

On June 28, 2013, at around 00:05, the Defendant: (a) heard the victim E (the age of 45)’s words to the effect that he would be able to look at the victim’s ties before the restaurant of the first floor “D” of the C building in Gyeyang-si, Namyang-si; (b) had the victim’s head; (c) had the victim’s head; and (d) had the victim suffered from 21 days of throst, etc. in need of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

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 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., that the defendant is against his/her will and that the victim does not want the punishment of the defendant because he/she has agreed smoothly with the victim);

1. Article 62 (1) of the Criminal Act (The repeated consideration of the circumstances specified in the preceding sentence);