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(영문) 의정부지방법원 2016.03.30 2015고단4714
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 03:30 on November 8, 2015, the Defendant: (a) was arguing that drinking alcohol at a “D” restaurant located in Yangju City Co., Ltd; (b) was frightened by the victim E (at the age of 18) who is a customer, who was a customer, and was in the next table, frightened by Defendant’s daily drinking; (c) threatened the Defendant with a knife (total length of 31 cm, 20 cm) and a knife for cooking, which is dangerous in the restaurant; and (d) threatened the Defendant with a knife and a knife, who was in the victim’s daily drinking and outside of the restaurant, was unable to open the restaurant; and (d) caused the knife to the victim’s left knife by inserting the knife by inserting the knife by inserting the knife.

As a result, the defendant carried dangerous things with the victim's hand and brought the victim's finger hand over the left side of the days of treatment.

Summary of Evidence

1. Defendant’s legal statement

1. Each police statement made to E and F;

1. A written statement G, H, and I;

1. Police seizure records;

1. Application of the photographic Acts and subordinate statutes;

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts of the relevant crime;

1. Article 62 (1) of the Criminal Act on the suspension of execution (the following favorable circumstances):

1. The reasons for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection, etc. of Social Service and Order to Attend a lecture are that the Defendant inflicted an injury on the victim with a knife knife, during the course of trial, on the grounds that the Defendant was dead. In light of the risk, the

In addition, even though the defendant has been punished for a series of violent crimes, he committed the crime of this case.

However, the defendant's mistake is divided and reflected in depth, and the injured party does not want to be punished against the defendant by mutual consent with the victim.

It seems that the victim was not seriously injured.

The conditions and results of these favorable circumstances are the defendant's age, sex, environment, motive, means, and consequence.

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