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(영문) 의정부지방법원 2014.09.23 2014고단2644
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)
Text

A defendant shall be punished by imprisonment for not less than eight 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

The Defendant, around 02:40 on March 14, 2014, entered the victim’s head one time, on the ground that the victim D (year 4) and drinking alcohol are drunk, and the victim took a bath, and the victim took a bath.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. Application of statutes on site photographs, damaged photographs, and recording notes of witnesses E;

1. Article 3 (1) and Article 2 (1) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes, Articles 2 (1) and 260 (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. The reason for sentencing under Article 62-2 of the Criminal Act on Probation (Scope of Recommendation) is the positive circumstance such as the following: (a) types of assault crimes [Special Violence] [A] mitigation area (a period between April and January 1] [a person who has been subject to special mitigation] [a] sentence; (b) August of imprisonment; (c) year of suspended execution; (d) year prior to probation; and (e) the attitude of reflecting the Defendant’s wrong recognition of the Defendant; and (e) after 199, there was no past record of punishment exceeding a fine; (b) prior to the instant case, there was no record of punishment exceeding a fine; and (c) other negative circumstances such as the injury and violation of the Punishment of Violences, etc. Act prior to the instant case; and (d) other defendants’ age, character and behavior, environment, criminal records; (c) background and result of the instant crime; and (d) various circumstances that form the conditions for sentencing as shown in the arguments and records of the instant case, such as

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