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(영문) 의정부지방법원 고양지원 2014.08.14 2014고단345

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

A defendant shall be punished by imprisonment for not less than two years and six months.

However, the execution of the above punishment shall be suspended for four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 29, 2013, the Defendant: (a) at the main point of “D” located in Youngdong-gu, Mangdong-gu; (b) on the ground that the Defendant drinking alcohol together with the victim F (44 years of age) who is a member of Edong-dong-gu; (c) on the ground that the victim’s attitude cannot be lost; (d) on the ground that the victim’s face is located at his/her age, he/she turns two back water parts of the victim; (b) on the back of his/her main line, he/she cannot resist the victim with his/her left hand; (c) on the back of his/her face; (d) he/she laid the victim’s face into the right-hand part of the victim’s face at two times; and (e) laid the victim’s face at one time with his/her head, and (e) laid the victim’s body into the right-hand part of the victim’s hair; and (e) laid the victim’s body into the right-hand part of the victim; (ging part of the victim’s hair.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of opinion;

1. A medical certificate;

1. An investigation report (report accompanied by a victim's photograph);

1. Statement of the police statement concerning F;

1. A photo of the injured part and a medical certificate of injury;

1. Relevant photographs (No. 3 of the evidence list);

1. Application of Acts and subordinate statutes to an injury diagnosis certificate;

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. Article 62 (1) of the Criminal Act;

1. The Criminal Act for orders to provide community service and attend lectures;