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(영문) 의정부지방법원 고양지원 2015.05.07 2014고단2711
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

Defendant shall be punished by imprisonment for a term of 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

Criminal facts

At around 03:50 on Nov. 4, 2014, the Defendant: (a) caused a dispute between the victim E (Nam, 30 years of age) and the Plaintiff’s wife while drinking, and (b) caused a dispute between the Defendant and the Plaintiff, a dangerous article on his/her table, was collected to the victim’s head, and the Defendant was suffering from two parts of the number of days of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding E;

1. A copy of medical records, emergency medical services log, and a part-to-day photograph of a victim;

1. Application of Acts and subordinate statutes to photographs of criminal implements;

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] The mitigated area (one year and six months to six months), the mitigated area (a special mitigation), the mitigated area (including a serious effort to recover damage) (one year and six months to one year and six months), or the damaged area (including a serious effort to recover damage) of the mitigated area (the decision of the sentenced sentence], the defendant is divided and reflected, the defendant seems to have caused the crime of this case by contingency, the degree of damage to the victim is not significant, the fact that the victim was not deemed to have reached an agreement with the victim, the fact that there was no past record of punishment so far, and other factors, such as the relation between the defendant and the victim, age, character and behavior, environment, family relationship, motive, means and result of the crime, the circumstances after the crime, etc.

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