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(영문) 의정부지방법원 2013.11.25 2013고단3472

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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 13:55 on September 10, 2013, the Defendant collected stones (a 13cc., 10cc., 10cc., 10cc., 10cc., 8cc., 8cc., 10cc., 8cc., 200, 320, and 57 years old), which are dangerous objects, and taken the head of the victim, on the ground that the victim C (the age of 57) lost his mobile phone and returned the case expenses.

As a result, the Defendant carried dangerous stones, and inflicted bodily injury on the victim, such as tearing the number of treatment days.

Summary of Evidence

1. Defendant's legal statement;

1. A photograph of the upper part of the body;

1. Application of the Acts and subordinate statutes on report of occurrence and internal investigation;

1. Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act concerning facts constituting an offense, and Article 257 (1) of the Criminal Act (the point of inflicting an injury on a dangerous object);

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., circumstances favorable to the following reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following circumstances shall be considered in light of the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Probation Criminal Act is that the defendant again repeats the same kind of criminal act even though there are many kinds of records of punishment for the same kind of crime, under the unfavorable circumstances that the defendant agrees with the victim after committing the crime and the victim does not want the punishment for the defendant, the degree of injury suffered by the victim is not much serious, and the defendant's opposition to the fact that the defendant is committed in the course of committing the crime of this case shall be considered under favorable circumstances. The punishment shall be determined within the recommended sentencing range by comprehensively taking into account all the factors such as the method and result of the crime of this case

It is so decided as per Disposition for the above reasons.