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(영문) 의정부지방법원 2015.11.16 2015고단2753
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

On July 4, 2015, at around 06:26, the Defendant told the victim E (the 34 years of age) to the front of the DNA border point located in Kuri-si C, the Defendant, while she was frighting with the victim, who was frighting to the dispute with the victim, and fright to walk the victim's chest once due to the birth of the fright, and fright to walk the victim's chest, which is a dangerous object in the vicinity thereof, brought the victim's fright to the end of the treatment period.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to photographic materials (fields and victims);

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 [Scope of Recommendation] In the case of habitual injury, repeated injury, and special injury [Special Mitigation] type 1 (Habitual Injury, Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodily Injury), the mitigated area (1 year and June 2), the mitigated area (including efforts to recover damage), or considerable damage recovery (a decision of a sentence] 1 year and six months, the suspended sentence 2 years, and the crime of this case, are highly dangerous, and the form and means of the crime of this case are highly dangerous, and the degree of the injury inflicted on the victim is not easy, it is reasonable to strictly punish the defendant in light of the fact that the defendant is recognized as committing the crime, but the fact that the victim does not want the punishment of the defendant under an agreement with the victim is considered in favor of the defendant, and the punishment shall be determined in full view of the circumstances surrounding the crime of this case, the age after the crime of this case, the defendant's age, personality and family environment, etc.

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