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(영문) 의정부지방법원 고양지원 2014.10.02 2014고단1773
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 August 5, 2014, the Defendant, in the process of drinking alcohol to the victim E, etc., working as the removal worker at the office of “D” located in Seocho-gu, Seoyang-gu, Seoyang-gu, Seoyang-gu, and drinking alcohol to the victim E, etc., the Defendant heard the horses that the victim did not provide 8,000 won solitary money from the victim, and collected the beer’s disease, which is a dangerous thing, from the victim’s head, and inflicted injury on the victim, such as the number of days of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of statutes on photographs of damage;

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. It is so decided as per Disposition on the grounds of Article 62(1) of the Criminal Act or more;

The reason for sentencing [Scope of Recommendation] Habitual Injury, Habitual Bodi Bodi Injury, and Special Bodi Bodily Injury (Habitual Injury, Bodi Bodily Injury) (1 and 2.6 months) / (1 year and 6 months) / 1 year and 1 year and 2 years and 6 months (including serious efforts to recover damage) or where considerable damage has been recovered, the scope of sentence comparison with the applicable sentence and the recommended sentence: 1 year and 6 months (2 years and 6 months [Pronouncement Decision] / The crime of this case is a case where the defendant was a beer disease in the victim's head for the reason that the defendant does not have the mind of the victim's speech and behavior, and it cannot be said that the degree of the injury suffered by the victim is small. However, the crime of this case is ordered in consideration of the fact that the defendant is fully recognized and against all of the crime of this case, the victim does not want the punishment of the defendant, and the defendant has no power to be sentenced to imprisonment or heavier punishment for the same kind of crime, etc.

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