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(영문) 의정부지방법원 2014.04.02 2013고단1695

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

At around 18:50 on April 26, 2013, the Defendant, in front of the “D convenience store” in the Government-si C, referred to the victim E (the age of 54) who scam, such as drinking, drinking, drinking, drinking, etc., to the victim E (the age of 54) as a scambly scam, and suffered an injury in the number of treatment days, such as taking a scambling against the victim when he was assaulted by the victim and taking a scambling against the victim, resulting in a scambling, etc. on the head part of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. Damage photographs;

1. Application of Acts and subordinate statutes to investigation reports (where the details of receipt of 112 reports are confirmed), 112 reported cases handling table, investigation reports (where telephone communications are filed by a person who has reported 112, cases of telephone communications);

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 factors for sentencing):

1. Article 62 (1) of the Criminal Act on the suspension of execution;

1. Reasons for sentencing under Article 62-2 of the Probation Criminal Act [Determination of Punishment] : In a case where the victim is fully responsible for the occurrence of a crime or the expansion of damage due to habitual injury, repeated injury, special injury (special person in a special form ] habitually injured, repeated injury, special injury (special person in a mitigated area - [decision of the recommended area] mitigated area / [decision of the recommended area] 1 year and June 2 years and six months / (2) / Where the victim is fully responsible for the occurrence of a crime or the expansion of damage: In a case where the victim is also actively responsible for the occurrence of a crime or the expansion of damage, the reason for general reference - there is no criminal conviction above the positive period of suspension of execution (decision of sentence / Decision of sentence ] there is no criminal conviction against the victim, and the defendant is not guilty due to violence, and is well aware of