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(영문) 의정부지방법원 2015.01.05 2014고단3687
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

The defendant, around 20:50 on 09. 06. 20:0 on 2006, has a dispute over D in front of the Government City C, as a matter of the victim E (ma, 50 years of age) and the defendant's living woman.

In the course of shooting, the victim's left face was left, and the victim was carried with dangerous objects, and the victim was satisfyed with an inner face that requires treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes, such as photographs of victims of injury;

1. Article 3 (1) 1, Article 2 (1) 3, and Article 257 (1) of the Criminal Act concerning facts constituting an offense, and Article 3 (1) 1, Article 2 (1) 3, and Article 257 (1) of the Punishment of Violences, etc. Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] is the case where the basic area (including persons subject to special mitigation) of types 1 and 4 months (including efforts to recover damage) and the case where considerable damage is recovered from the basic area (including special mitigation) or considerable damage / the case where the crime was committed by collective or multiple force, or by carrying a deadly weapon or other dangerous things (Pronouncement decision], one year and six months of imprisonment, two years of suspended sentence, the case where the defendant committed the crime by carrying a deadly weapon or other dangerous things (the decision of sentence], one year and six months of imprisonment, and two years of suspended sentence, and the case where the victim’s face face is attached to the suspect who is a dangerous thing, and the fact that the victim is against the time of the crime, and the fact that the victim did not have been punished against the defendant is more favorable, and the method and result of the crime in this case, the defendant’s age after the crime, the defendant’s age, character and family environment, etc. shall be determined by taking into account.

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