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(영문) 의정부지방법원 2013.06.05 2013고단757
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 became final and conclusive.

Reasons

Punishment of the crime

On March 16, 2013, at the Government-Si around 14:00, the Defendant: (a) sawd six saws, including the victim D (year 51) and three saws from the victim, “do not hump;” and (b) laid down three strings of the Defendant’s arm’s length hump on the table table, and displayed three hump on the table.

As a result, the defendant, who is a dangerous object, caused damage to the reputation of the part that requires approximately two weeks of medical treatment to the victim, as well as the injury to the reputation of the part that is in need of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Statement of D police statement;

1. Application of the relevant Acts and subordinate statutes to medical certificates and photographs of victims;

1. Articles 3 (1) and 2 (1) 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 is that the victim wants to have strong punishment against the defendant.

However, in the course of gambling, since the victim committed an act, such as flabing of the defendant, etc., and the defendant committed the crime of this case in the course of escaping from this, there is a reason to consider the motive for the crime and contingentness, etc.

The degree of the victim's injury is relatively relatively less than two weeks due to the medical diagnosis that requires two weeks of treatment, and the defendant deposited one million won, but he made efforts to recover the damage.

It is also considered that there is no criminal conviction or heavier for the defendant, and that if the defendant is detained for one year and six months or more, there may be excessive difficulties for family members.

In consideration of these various circumstances, the sentence of suspended sentence shall be imposed on the defendant only once, and it is decided as per the disposition.

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