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(영문) 의정부지방법원 2015.10.23 2015고단674
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

except that 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 22:00 on January 16, 2015, the Defendant opened a bridge bag, which is a dangerous object that the victim had a flicked with the victim, while having a flick dispute with the victim, and flick part of the victim's left left-hand part of the victim's flick part, which requires approximately three weeks of treatment to the victim on the left-hand side.

Summary of Evidence

1. Defendant's legal statement;

1. Statement by the prosecution concerning D;

1. Application of diagnostic certificates, on-site photographs statutes;

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. Reasons for sentencing under Article 62 (1) of the Criminal Act [Scope of Recommendation] The area of mitigation (one year and six months to two years), the area of mitigation (special mitigation), the area of mitigation (one year and six months to one year and six months), the area of mitigation (special mitigation), or the scope of sentence comparison between punishment and recommendation in cases where considerable damage has been recovered: one year and half years and six months (decision of sentence], and one year and six months from one year to six months from one year and six months from the suspension of execution, and two years and one year from the suspension of execution in cases of unfavorable circumstances: In cases of a dangerous article, an injury has been inflicted on the victim;

The favorable circumstances: The defendant's age, character, conduct, intelligence and environment, relationship with the victim, motive, means and consequence of the crime, and other factors such as sentencing prescribed in each subparagraph of Article 51 of the Criminal Act, such as the circumstances after the crime, etc., are determined as above on the grounds that the defendant's age, character, character, intelligence and environment, relationship with the victim, motive, means and consequence of the crime.

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