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(영문) 의정부지방법원 2014.09.24 2014고단1229

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

Around 12:30 on April 4, 2014, the Defendant put a photograph from the victim D, a member of the Korea Forest Service, which confirmed that he illegally diverted mountainous districts, such as cutting down a state-owned land, making a path, etc., and carried out a hack (150cm in length) which is a dangerous object on the floor of the construction site, and carried out a hack in need of treatment for about two weeks by gathering a pipe (150cm in length).

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to police investigation reports (the submission of a medical certificate for injury and field photographs);

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

1. Reasons for sentencing under Article 62 (1) of the Criminal Act [Determination of Punishment] - Types 1 (Special Bodi Inflicting of Injury): (Special Bodily Inflicting of Injury): Reduction element of Punishment: [The scope of Recommendation] mitigated area] [the scope of Recommendation] from 1 year and six months to 2 years [the scope of General Convict] - 3 years from 3 years to 30 years [the scope of Penalty], major reasons for mitigation - Where a person commits a crime by carrying a negative lethal weapon or other dangerous articles: In the event that the person committed a crime by carrying a dangerous weapon or other dangerous articles on at least two occasions, the reason for refusal of positive punishment (including a serious effort to recover damage): - The reason for suspension of execution before and after suspension of execution - The positive half [the period of punishment and recommendation]: Imprisonment with prison labor for a definite half [the period of suspension of execution of execution of execution of execution of execution of execution of execution of sentence of imprisonment of not less than one year to 15 years and one six years and six years and six years and six].

(k) favorable circumstances: It is so decided as per Disposition by reason of an agreement with the victim, the reflection of his mistake, beyond anything else.