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(영문) 의정부지방법원 2014.10.21 2014고단2843
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 of the final judgment.

Reasons

Punishment of the crime

At around 15:45 on December 26, 2013, the Defendant, on the ground that the victim D (year 54) was playing in the residence of the Government-si C, and the victim did not drink together, walking the victim’s bucks once, and the victim bucked down the head of the victim once by inserting the dangerous articles cited as the victim’s “drawing”, which was the dangerous articles cited as the victim’s “drawing,” and put about approximately two weeks back the victim’s head at one time, and put the victim into an open head part of the part of the victim’s unknown for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. A medical certificate;

1. Application of Acts and subordinate statutes on the spot and damaged 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 on Probation [Determination of Punishment] : Type 1 (Habitual Injury, Bodi Bodily Injury, Bodily Injury and Bodily Injury) (Special Bodily Investigative Person): Reductions - [Determination of the area of recommendation] Reductions / [Scope of Recommendation] One year and six months to two years and six months (general person] - Reductions : Imprisonment with prison labor for not less than one year and six months, suspension of execution / Three years of probation [Considering that the defendant has a history of being punished by a fine for several violent crimes]

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