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(영문) 의정부지방법원 2015.07.03 2015고단1607

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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 00:50 on April 12, 2015, the Defendant, while drinking alcohol in front of the D convenience point in Gyeonggi-gun C, suffered bodily injury to the victim E (the age of 17) who left the venue, such as “if a student goes late at night” and “if a student goes late at the night, she will be present at the front of the convenience point,” and she was killed by the victim, who was staying in the head of the victim’s body, with a product dangerous to see the victim’s occupation without the end, and caused the victim’s injury, such as two open wifes requiring approximately three weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. G statements;

1. Application of Acts and subordinate statutes to copies of the injury diagnosis report;

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. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] The area of mitigation (one year and six months to two years) of special injury [Special Mitigation] [including a serious effort to recover damage] sentence and recommended sentence: One year and six months from June to six months from the day of the suspended sentence [1 year and six months from the day of the suspended sentence]; The extent of injury to the victim;

A favorable condition: A person who has no record of crime against his mistake, the same kind of crime or suspended execution, the damage to the victim, and the agreement with the victim;

In light of the Defendant’s age, character and conduct, intelligence and environment, relationship with the victim, motive, means and consequence of the commission of the crime, circumstances after the commission of the crime, and other factors such as sentencing prescribed in each subparagraph of Article 51 of the Criminal Act. It is so decided as per Disposition.