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(영문) 의정부지방법원 2015.06.22 2015고단625

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

except that 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 20:50 on February 20, 2015, the Defendant, at the D cafeteria located in Yangju-si, Gyeonggi-do, he saw that the Victim E(65 years of age) was able to take a stop and that the Defendant used a stop in a stop, he saw the same as the Defendant used a stop in a stop, which is a dangerous object on the stove, caused the Defendant’s head to be 14-day medical treatment to the victim.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A written diagnosis of injury;

1. Application of statutes, such as photographs on damage;

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. Although the defendant had a record of having been punished several times as an act of violence for the reason of sentencing under Article 62(1) of the Criminal Act, the crime of this case was committed, and the form and means of the crime are very dangerous and thus the nature of the crime is serious.

However, the punishment shall be determined as ordered in consideration of the fact that the defendant recognizes the crime, the fact that the victim does not want the punishment of the defendant, the elderly, etc. in consultation with the victim.