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(영문) 의정부지방법원 고양지원 2014.06.05 2014고단299

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 18:30 on December 5, 2013, the Defendant, while drinking alcohol with the victim D (year 45) in a warehouse located in Yongsan-gu, Yongsan-gu, Yongsan-si C, Yongsan-si, and drinking water to each other.

When the defendant was in line with the victim, the defendant used the batteries (the total length of 20cc and 9cc price per day) which are dangerous objects on the tables inside the warehouse, and reached knife once by the victim's left side.

이로써 피고인은 피해자에게 약 4주간의 치료가 필요한 좌측 아래팔 부분의 으깸손상 등을 가하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Dangerous weapons, photographs, and photographs of damaged parts;

1. Records of seizure and the list of seizure;

1. A medical certificate;

1. Application of the existing Acts and subordinate statutes of one meta (No. 1) on seized batteries;

1. Articles 3 (1) and 2 (1) 3 of the relevant Act on the Punishment of Violences, etc. against Criminal Crimes, and Article 257 (1) of the Criminal Act (the point of an injury by carrying a deadly weapon);

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., circumstances favorable to the defendant among the grounds for discretionary mitigation of punishment);

1. Article 62 (1) of the Criminal Act on the suspension of execution (Considerations, etc. favorable to the defendant among the reasons for the suspension of execution);

1. The grounds for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc. are as follows: (a) the Defendant inflicted an injury on the victim by using the cell line, which is a dangerous object, even though having been punished several times of a fine; (b) the illegality of the act is heavy; (c) the Defendant is somewhat contingent; (d) the Defendant committed the instant crime; (d) the Defendant is profevating and opposing the victim; (e) the victim agreed with the victim; (e) the victim does not want to punish the Defendant; and (e) the victim cannot be deemed as not responsible for the occurrence of the instant crime; and (e) the Defendant has no criminal record exceeding the fine; and (e) other conditions of sentencing as indicated in the records and arguments, such as the Defendant’