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(영문) 의정부지방법원 2014.09.18 2014고단2564
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 three years from the date of the final judgment.

Reasons

Punishment of the crime

On June 27, 2014, the Defendant: (a) around 22:15, the victim E (the age of 52) was fluenced by the operator of the said carpet in Yangju-si as a problem of the drinking value with the operator of the said carpet in Yangju-si; (b) caused the fluencing of the route-distance beer disease; and (c) caused the victim’s head, chin, and chin to the shoulderer disease, which is a dangerous object, caused the victim to undergo approximately two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. A written statement;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes to the scene of the case and the damaged party photographs;

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 Probation Criminal Act [Scope of Recommendation] : (a) the mitigated area (one year and six months to two years) of habitual injury, repeated injury, special injury (a special mitigation) [a person who has been specially mitigated] [a sentence] imprisonment with prison labor; (b) one year and six months of suspension of execution; and (c) three years of probation; and (d) the accused, prior to probation, has been sentenced to a fine or imprisonment with prison labor for the same kind of crime committed several times prior to the instant case; and (c) the accused has no record of being sentenced to criminal punishment for six months since he was sentenced to punishment for obstruction of performance of official duties in 202; (d) the accused is liable for supporting the birth of his mother, two children and mentally disabled persons; and (e) the positive circumstances, such as arguments and records of the instant case; and (e) the Defendant appears to have taken into account both the positive attitude that the accused has been sentenced to criminal punishment for six months after having been sentenced to imprisonment with prison labor for obstruction of execution in 202;

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