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(영문) 의정부지방법원 2014.06.30 2014고단1242

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

A defendant shall be punished by imprisonment for two years.

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

On April 1, 2014, the Defendant: (a) around 04:30 on April 1, 2014, the Defendant was a restaurant with the trade name of “F” in Gyeonggi-do E, Gyeonggi-do, where three persons, including husband C and victim D (n, 37 years of age), are drinking, and (b) on the ground that her husband and her husband are drinking with the victim, the Defendant was able to take a dangerous thing at the same time to the face of the victim.

As a result, the defendant carried dangerous things and inflicted injury on the victim, such as a flachim that requires treatment for about 42 days.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Each injury diagnosis letter;

1. The sloping photo;

1. Application of Acts and subordinate statutes for medical treatment;

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 257 (1) of the Criminal Act (the point of inflicting bodily injury on a dangerous object);

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

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

1. Where a person commits a crime by the threat of force of an aggravated organization or multiple groups or by carrying a deadly weapon or other dangerous articles (excluding cases where the crime group of habitual injury, repeated injury, injury, or special injury is applied; 2. Determination of the recommended area) of serious injury [the scope of recommendation area] from 6 to 3 years [the scope of recommendation area] from 6 months to 3 years (the scope of recommendation area] of special aggravation: In a case where the person commits a crime by the threat of negative organization or multiple forces, or by carrying a deadly weapon or other dangerous articles: In a case where the person commits a crime by carrying a deadly weapon or other dangerous articles, it shall be taken into account the fact that there is no criminal conviction above the suspension of execution of execution of sentence which has been positive contingent crimes [the decision of sentence] of imprisonment with prison labor for two years, suspension of execution of sentence three years, community service, or five million won or more for the victim.