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(영문) 의정부지방법원 고양지원 2013.09.06 2013고단1179
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 22:00 on June 14, 2013, the Defendant, at the “Eju store” operated by the victim D (Inn, 49 years of age) who was in food in Gyeyang-gu, Youngyang-gu, Seoul, 2013, got off the body of the victim, was suspended, and her head was cut off once by an empty beer who was a dangerous object on the table, and suffered from the victim’s injury, such as the injury of two sprinkes, which requires approximately 21 days of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Statement of D police statement;

1. Application of an injury diagnosis certificate and statutes governing damaged 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. General circumstances shown in the records, such as the fact that the defendant's mistake is against the defendant's wrong recognition, the fact that the defendant agreed smoothly with the victim, the primary offender, and the fact that he/she must support his/her family, etc.

1. It is so decided as per Disposition on the grounds that the suspended execution is more than Article 62(1) of the Criminal Act (recognisive grounds for discretionary mitigation);

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