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(영문) 의정부지방법원 2015.03.31 2014고단4264

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

Around 22:00 on November 8, 2014, the Defendant discussed the issue of the time to work while drinking alcohol together with the victim E (n, 27 years of age). The Defendant: (a) faced with the victim’s desire to the Defendant; (b) shouldered the victim’s head at the time of the victim’s head due to the small-scale illness, which is a dangerous object at the same time; (c) led the victim’s head to knife the victim’s head knife, leading the victim’s head knife, leading the victim’s head knife over the floor, leading the victim’s head knife, leading the victim’s head knife, leading the victim’s knife to the victim’s knife, and caused the victim’s injury,

Summary of Evidence

1. Statement by the defendant in court;

1. Police suspect interrogation protocol regarding E;

1. Each photograph;

1. Application of the Acts and subordinate statutes to the medical certificate and records of information on nursing in an emergency room;

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 (including the fact that no record of punishment exceeding a fine has been imposed, and that an agreement has been reached smoothly with the victim);

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the Social Service Order [Scope of Recommendation] : Type 1 (Habitual Injury, Bodi Bodily Injury, Bodily Injury and Special Bodily Injury) (1 year and six months), year and six months of imprisonment, year of suspended execution 2 years of imprisonment, hours of community service order 80 hours and time of imprisonment;