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(영문) 의정부지방법원 2015.10.23 2015고단2880
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 this judgment became final and conclusive.

Reasons

Punishment of the crime

At around 01:50 on July 6, 2015, the Defendant: (a) told the victim E (Nam, 54 years of age) who is a member of the same mountain conference located in the Gurisi City; (b) went through the table table, and went through the Defendant’s daily operation and the victim’s daily operation while drinking together; (c) went through a dispute with the victim; (d) cut the victim’s head by gathering the scam of a dangerous object after the head of the Defendant’s head; and (d) cut the scam, the Defendant scambling the victim’s neck on the part of the victim’s head, and sold the victim’s scam in excess of the number of days of treatment by continuously putting the dangerous object on the part of the victim’s head.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. On-site and in-depth photographs;

1. Application of Acts and subordinate statutes to report each investigation (to hear and report the F statement of witnesses, and to confirm the same images at the scene of crimes committed in shooting witnesses);

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. Reasons for sentencing under Article 62(1) of the Criminal Act (hereinafter the following sentencing grounds) of the suspended sentence [the scope of recommending sentence] The mitigated area (one and half years from June to two years) of Type 1 of the Act on the Aggravated Injury, Habitual Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodily Injury, Special Injury) [Special Mitigation] (a person who is subject to special mitigation] of the mitigated area (one and half years from a sentence decision] of imprisonment, six months from six months from the suspended sentence, and two years disadvantageous to a suspended sentence: A extenuating circumstance that the Defendant’s instant crime is a dangerous act that may cause serious harm to the life and body of the victim: The Defendant is fully admitted, and the victim is the victim.

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