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(영문) 의정부지방법원 고양지원 2015.04.24 2014고단3194
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

On September 26, 2014, around 23:45, the Defendant: (a) performed drinking together with the victim E (the age of 18) in the native-dong-dong-si C, Goyang-si; (b) and (c) performed a single-name king game on the ground that the victim expressed a desire to no longer do so; (c) the Defendant her head was cut off to the victim’s head, who was a dangerous object on the floor; and (d) laid down two parts of the number of days of treatment to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of on-site photographs and statutes governing damage photographs;

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. The punishment corresponding to the suspended sentence is to be imposed in light of the risk of the instant crime for the reason of sentencing under Article 62(1) of the Criminal Act. However, the sentence is to be determined as ordered in consideration of the following factors: (a) the Defendant has yet to be aged and has a deep depth; (b) the Defendant appears to have committed the instant crime in a contingent manner; (c) there is no history of punishment for violent crimes; (d) there is no history of punishment for violent crimes; (c) the Defendant has agreed with the victim; (d) the victim’s relationship and all other conditions of sentencing

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