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(영문) 의정부지방법원 2014.05.30 2012고단2647
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 23:50 on September 10, 2012, the Defendant: (a) had been working in the kitchen room of “D” factory dormitory where the Defendant had been working in Scheon-si C, and (b) had been drinking with the victim E (50 years of age), the victim F (58 years of age) and alcohol, and (c) had a deadly weapon, which had been working in the singing tank, 18cm in length, and threatened the victims.

As the victims prevented the defendant, the defendant sent the victims to the kitchen knife, and laid down two parts of the left side part of the victim E, the right side part of the victim E, and laid down the part of the victim F's left side part of the victim E.

As a result, the Defendant respectively put the victim E on the right side side of the treatment days, and put the victim F on the left side side of the treatment days to the victim F.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement to E by the police;

1. Police seizure records;

1. Application of the Acts and subordinate statutes governing photographs, such as parts of bodily injury;

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. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 53 or 55 (1) 3 of the Criminal Act (i.e., voluntary mitigation and mitigation)

1. Article 62 (1) of the Criminal Act (including the fact that agreement has been reached with victims);

1. Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc., of orders to provide community service and attend lectures;

1. Where the aggravated area (3 to 5 years), the aggravated area (including special mitigation), the penalty not (including serious efforts to recover damage), or considerable partial damage is recovered in accordance with the sentencing guidelines in accordance with Article 48(1) of the Confiscation Criminal Act (the range of recommending punishment), the applicable sentencing guidelines in accordance with Article 48(1) of the Criminal Act (the scope of recommending punishment), the applicable sentencing method, the risk of the crime, and the degree of damage.

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