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(영문) 의정부지방법원 2014.09.03 2014고단2516
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 18, 2014, at around 00:25, the Defendant, at the time, sustained the victim’s wife, who was the Defendant’s wife at the time, returned home at the time of drinking alcohol and late time, and suffered injury, such as a dypus fage of the victim’s head and body part, which is a dangerous object at that time, during the dispute with the victim, 82 cm in the middle of the dispute with the victim. When the victim’s head and body part were met, the Defendant suffered injury, such as a dyp fage, which requires treatment for about 42 days.

Summary of Evidence

1. Defendant's legal statement;

1. The prosecutor's statement concerning the F;

1. Summary statement of G;

1. Each police investigation report;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes to photographs of on-site photographs and camping nets;

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. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing in Article 62-2 of the Criminal Act on Probation [Determination of Punishment] - Types 1 (Special Bodily Inflicting) (Special Bodily Inflicting) (Special Bodily Inflicting) (Special Bodily Investigative) - mitigated element: In the basic area of injury [the scope of recommendations] / [the scope of recommendations] 2 to 4 years [the scope of recommendations] / [the scope of sentences] - mitigated element : 3 to 30 years [the scope of sentences] / [the scope of punishment] - In the case where a major reason for commission is committed by carrying a dangerous weapon or other dangerous object with a bad weapon or other dangerous object, the major reason for the commission of commission - There is no positive force of punishment - The reason for the general commission of commission : clear and contingent crimes / serious reflect [the punishment and recommendation type] : the degree of imprisonment with prison labor for a period from 15 to 2 years, and the degree of imprisonment with prison labor for a limited period of two years from 15 to :6 years from /4 years from June 194:

The favorable circumstances: The fact that one's mistake is divided, the first offense, and the victim, shall be agreed.

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