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(영문) 의정부지방법원 2015.10.19 2015고단2103
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 May 28, 2015, the Defendant: (a) had been drinking with the dynamics, including the victim D (inn, age 41) in C K 2, K 2015, and had the victim expressed her opinion that she would disregard himself/herself; (b) had the glass cup, which is a dangerous object on her customer, taken the victim with the victim’s face; and (c) had the victim her glass, which is a dangerous object on her customer; and (d) had the victim’s face part of the victim’s face.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes to a report on investigation (in cases of attaching site 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. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of the recommended sentence based on the sentencing guidelines: Imprisonment with prison labor for a year and June, - Two years and six months [Type] 1 (Special Bodily Injury) and the mitigated area (one year and six months from June to two years] (special mitigations) (special mitigations);

2. Although there are many kinds of records of the decision of sentencing, the defendant's mistake is recognized and against the defendant, the defendant agreed to the original agreement with the victim after prosecution, and the victim expressed his intent not to punish the defendant, the victim was forced to leave the glass to the victim not to harm the victim in bad faith, not to harm the victim, and the victim was faced with the wound of the victim, and the victim was faced with the wound to the victim. It is a crime by willful negligence, and the defendant's age, character, conduct and behavior, and other sentencing conditions are considered to be mitigated and the execution of the sentence shall be suspended by reducing the punishment of the defendant within the scope of sentencing guidelines.

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