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(영문) 의정부지방법원 고양지원 2014.01.03 2013고단2077

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

On August 16, 2013, around 00:30 on August 16, 2013, the Defendant: (a) performed a trial with respect to the dispute over the victim E (the age of 76) and the previous month before the game strike; (b) carried the victim’s flab by hand; and (c) laid down the bricks on the floor, and laid down the victim’s flab on one occasion, thereby requiring approximately two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police interrogation of E (including theF statement);

1. A written diagnosis of injury;

1. Photographs;

1. Application of investigation reports (to hear statements from a police officer G phone call or statement) 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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( considered favorable circumstances among the grounds for the punishment by discretionary mitigation);

1. Article 62 (1) of the Criminal Act (General Conditions in favor of the reasons for the suspended sentence);

1. A sentence identical to the order shall be determined by taking into consideration favorable circumstances, such as the fact that the reason for sentencing under Article 62-2 of the Social Service Order Act: (a) inflicts bodily injury on the victim, failure to reach an agreement with the victim; and (b) the fact that the defendant has a record of having been sentenced to suspension of indictment due to the previous department of the same, etc.; (c) it is against the defendant's wrong recognition, the degree of injury to the victim is not excessive; (d) it is deposited against the victim; (e) there is no record of having been sentenced to a fine or heavier punishment for more than 30 years; and (e) there is

It is so decided as per Disposition for the above reasons.