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(영문) 의정부지방법원 고양지원 2014.01.24 2013고단2223
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

At around 17:50 on November 21, 2013, the Defendant: (a) 17:50 on the D restaurant located on the fourth floor of the Sinsan-gu Seoul Special Metropolitan City, Mangsan-si, the Defendant 29 years of age; and (b) on the ground that the Defendant’s snow was fluoring water to the victim E (29 years of age) while leaving his house, the Defendant saw the victim’s head part of the victim’s head with odor (35cm in length, 7cm in height, 19cm in diameter, 19cm in diameter) at one time, the victim’s head part was fluor, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding E;

1. E statements;

1. Police seizure records;

1. Application of Acts and subordinate statutes to damaged parts, deadly weapons, etc.;

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. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (all circumstances shown in the record, such as the fact that the defendant recognizes the crime and reflects the victim's awareness, the degree of injury is not more severe, the victim does not want the punishment against the defendant, the victim has first exercised violence, the victim has no record of being punished for the crime of this case, and the circumstances leading to the crime of this case, etc. are taken into account);

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary mitigation);

1. It is so decided as per Disposition for the reasons under Article 48(1)1 of the Criminal Act of confiscation;

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