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(영문) 의정부지방법원 고양지원 2014.07.25 2014고단1023
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 18:50 on April 24, 2014, the Defendant, while drinking alcohol together with the victim F (the age of 40) who was working charged with the Defendant, she set the back part of the victim’s head with the 500cc beer mast of glass material, which was a dangerous object in his/her own possession, under the influence of alcohol, and laid down the flap with the flab, and laid down the flab on the floor beyond the bottom of the flab, thereby putting the victim under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. The police statement concerning F;

1. Application of the Acts and subordinate statutes governing body photographs of 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. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 201Do329, Apr. 1, 20

1. Article 62 (1) of the Criminal Act;

1. Although the nature of the crime is not good, due to dangerous articles with reason of sentencing in Article 62-2 of the Social Service Order Criminal Act, such as inflicting injury upon human head, contingent, unanimously agreed with the victim, the defendant has divided his/her mistake, reflects his/her fault, and has no record of past stay of execution or more, the execution shall be suspended at once.

It is so decided as per Disposition for the above reasons.

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