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(영문) 의정부지방법원 2015.05.19 2013고단4133
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Around 02:30 on April 27, 2013, the Defendant: (a) reported the Defendant’s fighting of body E and the victim F (the age of 45) other than the Defendant’s one-way public action, at an entertainment drinking house located in Yangju-si, and reported the Defendant’s fighting of body; (b) made a beer disease, which is a dangerous object in the table, one time the head part of the victim was cut back; and (c) placed the victim’s face on three occasions, the Defendant placed approximately two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A medical certificate;

1. Application of the Acts and subordinate statutes governing bodily harm;

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. Reasons for sentencing under Article 62(1) of the Criminal Act of the Suspension of Execution [Scope of Recommendation] Type 1 (Habitual Injury, Bodily Injury, Bodily Injury, Bodily Injury) in the mitigation area (one year and six months to two years] (Special Mitigation) in the mitigation area (one year and six months to six months) (Special Mitigation), the decision not to punish the accused (the decision not to punish the accused] is deemed dangerous, and the Criminal Acceptance Act of the accused is deemed to have heavy responsibility for the accused.

However, there are favorable circumstances for the defendant, such as the fact that the defendant has no criminal power, and the victim does not want the punishment of the defendant, the degree of damage is not much severe, and the defendant is deeply divided through confinement life between about one month, and thus, the lower limit of the term of punishment is lowered and suspended execution is sentenced through discretionary mitigation.

In addition, in full view of various circumstances, such as the age, character and conduct of the defendant, the details and motive leading to the crime of this case, and the circumstances before and after the crime of this case, the sentencing conditions as shown in the records and arguments shall be sentenced as the disposition.

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