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(영문) 의정부지방법원 2014.01.28 2013고단4652

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 of the final judgment.

Reasons

Punishment of the crime

At around 15:00 on November 15, 2012, the Defendant, within the D Company’s office located in Spocheon-si C, and when the Defendant purchased a benz car from the victim E (the age of 48) and did not have any contact with the ordinary victim due to the payment of vehicle fees, the Defendant heard the victim’s phrase “A president, how he had the president, how he would be false, what he would be false, what would be done every day, and what would be accused,” which is the head (12 mm in length), which is a dangerous thing that had been stolen and stolen, followed the victim’s head by carrying the head of the dangerous object, and put about approximately 4 weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to F and E;

1. Each injury diagnosis letter;

1. Application of Acts and subordinate statutes to a report on investigation;

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. Article 62-2(1) of the Social Service Order Act and Article 59 of the Act on Probation, etc. provides that the defendant may be strictly punished in light of the fact that he/she gets off to the head of a group, which is a dangerous object, and inflicted bodily injury on the victim. However, considering the fact that the defendant has a depth of his/her mistake, that the defendant has not agreed with the victim, that he/she does not have any history of the same crime, and all of the sentencing factors indicated in the records of the instant case, such as the defendant's age, occupation, environment, character and behavior, the background and content of the instant crime, and circumstances after the crime, the punishment shall be determined and sentenced as ordered.