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(영문) 의정부지방법원 2015.06.19 2014고단4667

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

According to the written indictment around November 15, 2014, around 17:57, the Defendant was at least 21:10, but considering the time indicated in the E/F’s statements and CCTV image data, the date stated in the above written indictment is obvious to be written in writing, and thus, the above date and time were corrected as stated in the criminal facts to the extent that it does not infringe the Defendant’s right to defense.

The victim E (the age of 51) was found to have been under the influence of alcohol in the Namyang-si, Namyang-si, and the victim's left-hand part of the over-road, which is a deadly weapon, led to a double wall injury requiring approximately two weeks of medical treatment to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. A written diagnosis of injury;

1. Application of investigation reports (investigations, investigations of suspects, reference witnesses, verification of CCTV image data, etc.), photographs (victims and moving figures of suspects), and 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 (The following extenuating circumstances among the reasons for sentencing):

1. The reason for the sentencing of Article 62(1) of the Criminal Act (the first one being more favorable among the reasons for sentencing) is [the scope of recommendation] the reason for the sentencing of Article 62(1) of the suspended sentence (the second one being more favorable among the reasons for sentencing). In the mitigated area (one year and six months to two years and six months): Minor injury (the person who is subject to special mitigation] (the decision of sentence] in prison, one year and six months, and two years and six months of suspended sentence: The defendant committed the crime in this case in this case in a very dangerous manner: The defendant recognized the crime in this case and divided the crime in this case; the degree of injury is relatively minor; there is no criminal history since 2008; the defendant has no age of disability 5; the defendant is a disabled person; the defendant's age, character and behavior, and environment.