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(영문) 의정부지방법원 고양지원 2013.06.13 2013고단302
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

except that 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

1. On January 28, 2013, the Defendant demanded that the victim D (the age of 26) who associates with the Defendant’s his or her his or her his or her his or her his or her his or her his or her his or her wife at the front of the Goyang-gu C cafeteria, Goyang-gu, Seoyang-gu C cafeteria would no longer teach the victim’s his or her his or her his or her wife’s face at least three times, which is a dangerous thing for the victim’s face, and carried out a suckbuck in the left side of the victim’s left side.

2. At around 17:50 on January 31, 2013, the Defendant made a demand under Paragraph 1 to the victim at the Seocho-gu E discount store service room for the first floor of the household electric appliances store in Gyeyang-gu E-gu, Gyeyang-gu, Yangyang-gu, 2013, the Defendant saw the victim as a dangerous object’s eye, and dives the victim’s face face, which is beyond drinking and sprinked, with approximately two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement regarding D;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act concerning facts constituting an offense, Article 257 of the Criminal Act;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [limited to concurrent crimes resulting from a violation of the Punishment of Violences, etc. Act (a violation of the Punishment of Violences, etc. Act (a violation of a collective, deadly weapon, etc.) committed on January 31, 2013 with heavier penalty];

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (including the fact that the defendant deposited KRW 1,00,000 as the damage compensation for the victim, the fact that the defendant is a disabled person of Grade II with a disability in kidney disability prior to the end of the horse, the fact that the defendant has no record of criminal punishment for suspension of qualifications or more severe punishment, and the fact that the defendant repents the defendant's mistake, etc.);

1. Article 62 (1) of the Criminal Act (the same grounds for discretionary mitigation);

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