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(영문) 의정부지방법원 고양지원 2014.02.20 2013고단2338
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

At around 20:40 on October 10, 2013, the Defendant, while drinking alcohol together with the victim E (51) at the main point of "D" located in Goyang-gu, Goyang-gu, Goyang-gu, 2013, the Defendant transferred the victim's head to the "F" head in the same Dong because the victim and the defendant moved to the head of the "F" head in the same Dong. On the ground that the victim were at the time of the head of the defendant, the victim was at one time and the head of the victim was at about five times, and the victim's head was at about 3 cm, the head of the victim was at about 3 cm.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding E;

1. Each E statement;

1. Each photograph;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act concerning facts constituting an offense, and Article 257 (1) of the Criminal Act (the point of inflicting an injury on a dangerous object);

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., circumstances favorable to the following reasons for sentencing):

1. The reason for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act ( Taking into account the favorable circumstances among the reasons for sentencing) is likely to cause a serious consequence according to the method of the crime, such as determining the head of the victim as the scraper. However, the defendant is against the time of committing the crime; the defendant does not want the punishment against the defendant by mutual consent with the victim after committing the crime; the damaged part of the victim is not serious; and the circumstances that may be taken into account in the course of causing the crime are revealed in the above case, the scope of recommendation recommended in the sentencing guidelines [the scope of recommendation recommended in the sentencing guidelines [the scope of imprisonment with prison labor for one year and six months, which is the lowest limit of the sentence of special injury among the violent crime group of the basic crime, such as special mitigation element-nons.] and imprisonment with prison labor for two years.

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