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(영문) 의정부지방법원 고양지원 2014.11.27 2014고단1740
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
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 three years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

1. On April 23, 2014, the Defendant violated the Punishment of Violences, etc. Act (a collective injury with a deadly weapon, etc.) around 22:20 on April 23, 2014, at the “E” restaurant operated by the victim D (n,e.g., 52 years of age) and the victim D (n,e., age 52). On the ground that the victim, who was dead, she saws with another customer and talks with the victim, she laid off the glass cup, which is a dangerous object toward the face of the victim, and put the victim “comforcing the victim’s studio by the front eye.”

2. The Defendant committed assault, at the time and place specified in paragraph (1), that the victim F (manam and 57 years old) prevented the Defendant from committing the act, and that he was committed by putting the victim’s breath to the floor by putting the breath, and then making the victim’s head known above the floor.

Summary of Evidence

1. Statement by the defendant in court;

2. Statement made by the police with regard to F and D;

3. Application of the Acts and subordinate statutes governing body photographs of injury;

1. Article 3 (1) and Article 2 (1) 3 of the Punishment of Violences, etc. Act concerning facts constituting an offense, Article 257 (1) of the Criminal Act and Article 260 (1) of the Criminal Act concerning Article 257 (1) of the Criminal Act;

2. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

3. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

4. Of the instant crimes with reason for sentencing under Article 62(1) of the Criminal Act, the part that the Defendant inflicted bodily injury with dangerous articles is an element of sentencing unfavorable to the Defendant, in light of the method and result of the crime.

On the other hand, the fact that the defendant recognizes the facts charged in this case as a substitute and reflects it, and that the victim D does not want punishment against the defendant is an element of sentencing favorable to the defendant.

Furthermore, the sentencing guidelines, including the Defendant’s age, character and conduct, environment, and criminal record, were taken into account equally, and also referenced to “colatorial crime sentencing guidelines” prepared by the Sentencing Committee.

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