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(영문) 의정부지방법원 고양지원 2014.07.04 2014고단733

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등

Text

Defendant shall be punished by imprisonment for a term of 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

On March 25, 2014, at around 21:10 on March 25, 2014, the Defendant stated that “E” operated by the victim D (the age of 53) of the victim D (the victim), who was in the flusium, had a flusium and the flusium in the flusium, had a flusium, and had a flusium in the flusium as “this flusium,” and had the victim take a bath to the victim on the ground that the flusium and the flusium were flusium and flusium in the flusium, and interfered with the victim’s business by taking the flusium and the flusium in the flusium and the flusium in the flusium, without calculating the victim’s flusium.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D;

1. Investigation report (to listen to and report on telephone statements from the persons concerned);

1. A written diagnosis of injury;

1. Application of the statutes on the part of the body of the victim and field photographs;

1. Article 3 (1) and Article 2 (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes, Articles 2 (1) and 2 (1) 3 of the Criminal Act, Article 257 (1) of the Criminal Act and Article 314 (1) of the Criminal Act (the point of interference with business, the selection of imprisonment with labor);

1. Of concurrent crimes, the former part of Article 37, and Articles 38 (1) 2 and 50 of the Criminal Act (within the scope of adding up long-term punishments);

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Sentencing Criteria for sentencing under Article 62-2 of the Criminal Act: The crime of violation of the Punishment of Violences, etc. Act (a collective injury, deadly weapon, etc.) shall be punished in consideration of violent crimes, habitual injury, special injury by repeated repeated crimes, type 1 (a special injury by repeated repeated crime, special injury), mitigation area, the degree of tangible force of the accused committed in June through June 2, 197, and the injury inflicted by the victim is not much weighted at the same time, the confession and reflect of the accused's crime, and other offenses, such as the age, character and conduct, family relationship, the circumstances of this case, and the progress of this case.