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(영문) 의정부지방법원 2015.11.06 2015고단1422
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
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. Around December 22, 2013, the Defendant violated the Punishment of Violences, etc. Act (joint assault) with C and D, the Defendant, along with the Defendant, was at sight, on the ground that the victim E, F, G, H, and alcohol was talked with the victim E, while drinking alcohol, and the Defendant had an emotional distressed with the victim E, and carried out a fighting of mutual body, such as, when the victims were flicked to flickly talk with the victim’s flick, and the victims were transferred to drinking and drinking.

Accordingly, the defendant committed violence against the victims jointly with C and D.

2. The Defendant violated the Punishment of Violence, etc. Act (a collective injury with a deadly weapon, etc.), at the time and place specified in paragraph (1), as above, brought about a knife (knife length: about 18cc) that is a dangerous object in the side of the victim E and H, and brought about a single knife part of the victim E in the part of the knife and the knife, and brought about a single knife and a side knife of the victim E, respectively.

Accordingly, the defendant carried dangerous articles and inflicted an injury on the victims during treatment days respectively.

Summary of Evidence

1. Court statement of the defendant (the second court date);

1. Examination protocol of suspect E by the prosecution;

1. Each police suspect interrogation protocol against C, F, and D;

1. Each police statement of H and G;

1. Application of Acts and subordinate statutes, such as suspect E and his/her upper part photograph, deadly weapons photograph, etc.;

1. Article 2 (2) and (1) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes, Article 2 (2) and (1) 1 of the same Act, Article 260 (1) of the Criminal Act, Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act, Article 257 (1) of the Criminal Act;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 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 is the first offense.

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