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(영문) 의정부지방법원 2014.11.19 2014고단1944
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

At around 08:30 on March 25, 2014, the Defendant continued to neglect the Defendant’s solicitation that the victim E, who had found the said office under the influence of alcohol in front of the “D Manpower Office” operated by the Gyeonggi-gun Group C, and returned to the house, and caused the Defendant to go back to the house, thereby gathering the victim’s head by gathering plastics, which is a dangerous object in front of the said office, and putting the victim’s head part up three times, and put the victim a part of the victim’s head on the part of the days of treatment days.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Delivery of medical records;

1. Application of the photographic Acts and subordinate statutes;

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 (amended by Presidential Decree No. 1) of the Act on the Suspension of Execution (amended by Presidential Decree No. 1) where the victim is fully responsible for the occurrence of a crime or the expansion of damage to the victim (Special Mitigation (Special Mitigation) (Special Mitigation) (Special Mitigation) / The scope of the comparative sentence between the punishment and the recommended sentence: one year and six months from June 1 to two months [Pronouncement Decision]; one year and six months from the suspension of execution; the two years and six months from the suspension of execution; the one year and six months from the date of imprisonment; the one year and six months from the date of the suspension of execution; the other conditions favorable to the important parts of the victim with a dangerous article; the victim’s violation against his mistake; the victim’s agreement and exemption from punishment; the victim’s liability for the occurrence of the crime; and the one for the victim after the crime.

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