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(영문) 의정부지방법원 2014.04.02 2013고단3858
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

At around 00:05 on May 27, 2013, the Defendant: (a) on the street in front of the packaging Ma, “D,” which is located in Speaker C, 2013; (b) on the ground that the victim E got out of the Defendant’s female-friendly zone, the Defendant laid down the victim’s boom at once, and collected the tree boom ( approximately 80 cm in length, approximately 2-3 cm in diameter), which is a dangerous object in that place, and added up the tree boom ( approximately 80 cm in length, approximately 2-3 cm in diameter), and divers, such as the victim’s body flow, shoulder, shoulder, etc.; (c) when the victim’s face, fluor, and so on, the victim’s body was taken up, the Defendant boomed the victim’s 28 days of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol concerning the examination of each police suspect against E or F (second time);

1. A written diagnosis of injury;

1. Application of statutes on photographs of damage;

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 reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the decision of a certain sentence] special injury [the special person who has been sentenced to imprisonment] - Where the mitigated element is not subject to punishment (including serious efforts to recover damage): or considerable damage is recovered [the decision of the recommended area] / [the scope of the recommendation area] one year and six months from June to two years [the scope of the recommendation area] - The mitigated element : The serious half [the scope of the punishment] - The main reason for the suspended sentence / The main reason for the suspended sentence ] - The positive reason for the suspended sentence - There is no clear social relation / contingent crime / there is no previous conviction or more than half of the suspended sentence [the decision of a sentence] 1 year and six months, the defendant has no criminal records of more than the suspended sentence 2 years, the defendant is divided into his own fault with the injured party, and the defendant is divided by agreement with the injured party.

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