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(영문) 의정부지방법원 2015.02.11 2014고단1200

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

At around 03:30 on December 1, 2013, the Defendant: (a) around D convenience points located in Dongducheon-si C, and (b) around 1, 2013, on the ground that the Defendant was obstructed by the victim E, who walked along the way, the Defendant faced with beer disease, which was located there; (c) and (d) caused the victim’s left side part of the beer disease, which is a dangerous object, the Defendant sustained the victim with approximately three weeks of treatment, and the left side side part of the beer, which requires approximately three weeks of treatment, the Defendant sustained the victim’s back side part of the beer wall open.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E (F) and G;

1. Each police statement of H;

1. A medical certificate;

1. Photographs (the defendant and his defense counsel) show that there is no fact that the defendant knife knife knife knife knife knife the defendant, and that there is no fact that the defendant knife knife knife knife knife and the victim inflicted any injury on the victim. However, the defendant and the witness's statements are consistent and mutually consistent with the detailed circumstances, in particular, the defendant's credibility is found in accordance with the injured evidence, and the above facts of the crime can be sufficiently recognized, and the above argument is not accepted.) application of the law.

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 of the suspended sentence [Scope of Recommendation] The area of mitigation (one year and six months to two years) of special injury [Special Mitigation] [including a serious effort to recover damage] punishment and a recommended sentence: One year and six months from June to six months from [Pronouncement] imprisonment, one year and six months from six months from the date of the suspended sentence, and three years from the suspended sentence: The injury to another person with a deadly weapon; the instrument of the crime in this case; the degree of the injury inflicted on the victim.

the terms and conditions favorable.