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(영문) 의정부지방법원 2016.03.29 2015고단3734
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

around September 23:50 on September 19, 2015, the Defendant, while drinking alcohol at the Defendant’s house room located in Spocheon-si, Spocheon-si with the victim D (the other, 55 years old). On the ground that the Defendant was under the influence of alcohol, the Defendant her head was deprived of the victim’s illness, which is a dangerous object on the table of the above ward.

As a result, the Defendant committed two open measures to the victim for approximately two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. Article 62 (1) of the Criminal Act on the suspension of execution (the following favorable circumstances):

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The crime of this case was committed with the main illness, which is a dangerous object, resulting in the injury of the victim by getting the head of the victim out of the dangerous object, and is highly favorable to the risk and criticism: The defendant's age, sex, environment, and circumstances after the crime, etc. shall be determined as the same as the disposition, in consideration of all the relevant sentencing conditions, including the defendant's age, sex, circumstances after the crime;

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