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(영문) 의정부지방법원 2015.11.17 2015고단3532
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

Seized one square meter (No. 1) shall be confiscated.

Reasons

Punishment of the crime

On September 22:49, 2015, the Defendant: (a) thought that the victim F, who returned to himself, was aware of the fact that he filed a complaint for the crime of assault, was disadvantaged in the workplace; and (b) thought that the victim F, who was aware of the fact that he and she did so, had been able to find the victim from his place of residence in a mixed manner.

Therefore, the defendant saw the victim's back water twice due to the loss of the victim, who was arranging the clothes at the above E-O store, and saw the victim's head knife the victim's head knife with the left hand, and saw the victim's head knife twice.

The defendant continued to put the body, which is a dangerous object that had been put in advance into the right part, and puts the face side around the snow of the victim several times, which requires approximately two weeks of treatment to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Police seizure records;

1. A written diagnosis of injury;

1. Damage photographs, etc., damaged photographs, and investigation reports (CCTV closure photographs);

1. Application of Acts and subordinate statutes to investigation reports (Attachment of duplicates, such as transfer of criminal complaints between a suspect and a victim);

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 48(1)1 of the Confiscation Criminal Act / [the scope of recommending punishment] The basic area (2 to 4 years) of Type 1 (2-4) (a person who is a special mitigation) of habitual injury, repeated injury, and special injury) (2-year) (a special mitigation) (a person who is a special mitigation) / [a] the crime of this case committed by the defendant is likely to be punished by committing the crime of this case / [a decision of a sentence] by taking advantage of the face of a female victim as an article dangerous to the face of the victim, and there is sufficient need for the punishment of the defendant heavier because the Act on the Number of Crimes is cruel, and the degree of damage is

In the light of the circumstances, the defendant prepared a family council in advance and found the victim.

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