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(영문) 의정부지방법원 2014.11.18 2014고단3118
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 two years from the date of the final judgment.

Reasons

Punishment of the crime

At around 23:40 on August 15, 2014, the Defendant collected spawn disease, which is a dangerous object for the victim E (years 52) and drinking, and spawn the head of the victim, carried a spawn disease, which is a dangerous object, and caused the thalthy that requires treatment for about two weeks to the above victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Application of Acts and subordinate statutes of a medical certificate;

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 the sentencing under Article 62 (1) of the Criminal Act of the suspended sentence [decision of the type] for the punishment under Article 62 (1) of the Criminal Act (the decision of the type] for habitual injury, repeated injury, and special injury (a person who has been habitually injured, repeated crime and special injury): The elements for mitigation [a person who has been specially injured] - [a person who has been sentenced to a punishment of a fine of KRW 300,00 for the crime of destroying property in 2010] The mitigated area [a person who has been sentenced to a recommendation area] [a person who has been sentenced to a punishment of a recommendation area] from June to two years and six months [a person who has been sentenced to a general punishment] - The mitigated element: The positive circumstances should also be taken into consideration, such as the fact that there is no other criminal records, except for the punishment of a fine of KRW 100,000 for the crime of destroying

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