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(영문) 의정부지방법원 2014.08.19 2014고단1764
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date of the final judgment.

Reasons

Punishment of the crime

On May 31, 2014, the Defendant: (a) around 01:10, around 01:3:5 on the road in front of the three 56-hours of the Namyang Island; (b) while engaging in a conflict with the victim C (the age of 18) at that time, the Defendant: (c) placed an empty bottle, which is a dangerous thing of the victim’s hand; (d) placed the part of the victim’s left right face on one occasion by drinking; and (e) sustained the victim’s back face on one occasion; and (e) sustained the victim’s back part on one occasion, she sustained injury, such as the right side, the right side side, the ice, the heat, etc. requiring the victim’s treatment for about three weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Application of Acts and subordinate statutes on the certificate of injury, and photographs of damaged parts;

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 under Article 62-2 of the Social Service Order Criminal Act (determination of types of punishment) violence: Type 1 (Habitual Injury, Bodi Bodi Bodi Bodi Bodi Bodi Bodily Injury and Special Injury) [Determination of the recommended area] / [Scope of the recommended area] 2 years to 4 years / [general imprisonment] / 1 year / 2 years / 4 years / there is no record of criminal punishment: serious reflectness, no record of criminal punishment, deposit equivalent to the amount of money to recover from damage [decision of sentence] 2 years of imprisonment, suspension of execution 3 years, community service

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