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(영문) 의정부지방법원 2015.11.09 2015고단2460
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 01:40 on June 16, 2015, the Defendant, on the ground that the victim E (years 32) and the victim’s speech while drinking alcohol at the 3-studio of “D” located in Gui-si, Gui-si, would be raised, and the victim’s hair was taken once in drinking, and the victim’s hair was taken once in drinking, and the victim’s eye was taken once in drinking, and the victim’s eye was cut in drinking and drinking, and the victim’s eye was taken once in drinking and drinking.

As a result, the defendant caused the victim to suffer from an influence of treatment days.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. Investigation report (verification of cellphone images);

1. Application of Acts and subordinate statutes on photographing;

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. Although the suspended sentence imposed on the grounds of sentencing under Article 62(1) of the Criminal Act is serious in light of the form of the instant crime, the risk of means, etc., the crime is committed against the accused, the victim is not willing to be punished, the victim is not subject to juvenile protective disposition several times by agreement with the victim, but there is no record of criminal punishment due to violence, and the fact that there is no record of criminal punishment exceeding the fine even for the instant crime is considered as favorable to the accused. The sentence is determined as ordered by comprehensively taking into account all the factors such as the background of the instant crime, circumstances after the crime, the age of the accused, character and conduct, family environment, etc.

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