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(영문) 의정부지방법원 2013.06.18 2013고단644
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

On March 1, 2013, the Defendant suffered an injury in the treatment days due to the victim E (the 43 years of age) in the E-C’s hall located in the Gui-si of the Government on March 1, 2013, when the victim led the victim out of the main point and was faced with the wall, which is a dangerous object, during the horse fighting, and the victim was faced with the victim’s head and body, which is a dangerous object, from the head and body of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to photographs of damaged parts, bricks and steel bars;

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. The scope of sentence for sentencing under Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.: The final scope of sentence recommended by sentencing guidelines from one year and six years to four years: Imprisonment [the type of crime] the criteria and type of special injury among the violent crime groups [Special Aggravation] aggravation factors: The scope of punishment shall not be imposed [the range of recommending punishment] mitigation area (from one year to two years from one year and six months from one year and six months from one year and six months from one year): Whether to recommend the suspension of sentence based on the serious reflect sentencing criteria [the main reasons for proposing the suspension of sentence] positive reasons: Where a person commits a crime by carrying a deadly weapon or other dangerous object [the reason for writing] positive reason: The affirmative reason for sentencing, serious reason for non-refluence: the decision-making process that there is no adverse crime: the degree of damage of the defendant to the victim; the risk of damage to the victim of the crime of this case; and the degree of damage to the victim of this case.

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