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(영문) 의정부지방법원 2015.09.11 2015고단2099
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

On May 20, 2015, the Defendant: (a) around 11:20, at the D restaurant located in Guri-si C, deemed the victim’s E and alcohol to be drinking off to the victim; and (b) taken the victim’s face from the victim by drinking and drinking alcohol to the victim; (c) taken off the victim’s face from the victim, which is a dangerous object from the victim; and (d) sustained the victim’s injury, such as an influenite and an influor, etc., during the treatment period.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding E;

1. Each police investigation report (the other search and investigation of cafeteria CCTV, such as a restaurant operator / the other search and investigation of cafeteria CCTV);

1. Application of field and suspect image photographs, suspect E-form laws and regulations;

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 [the scope of recommending punishment] the mitigated area (one year and six months to two years), the mitigated area (including specially mitigated persons), the penal penalty (including serious efforts to recover damage) or the scope of the compared sentence with the recommended sentence: one year and six months from June to six months [Pronouncement Decision]; one year and six months from one year and six months from one year to six months; the one year and six years from the suspended sentence; the one year and three years disadvantageous to the suspended sentence: The injury was inflicted on the victim as a dangerous object; the other crime history; the other crime history; the other crimes committed in favor of one person; the other person has no record of the suspended sentence or more; the victim and the other person have agreed smoothly;

In light of the Defendant’s age, character and conduct, intelligence and environment, relationship with the victim, motive, means and consequence of the commission of the crime, circumstances after the commission of the crime, and other factors such as sentencing prescribed in each subparagraph of Article 51 of the Criminal Act. It is so decided as per Disposition.

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