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(영문) 의정부지방법원 2014.07.16 2014고단453
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 22:00 on December 23, 2013, the Defendant, within the 'D' restaurant in 'D' in 'C', and while drinking alcohol together with 'D' restaurant in 'D' in 'C', the Defendant, on his own drinking, had the face of the victim one time as drinking and had the face of the victim one time as drinking with 'D', which is a dangerous object on the table of the table, faced with the left face of the victim.

As a result, the Defendant carried dangerous things with the victim for about three weeks of medical treatment, and added alley to the body of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. A medical certificate;

1. Application of statutes on photographs of damage;

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

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the Probation and Social Service Order [Determination of Punishment] - Where considerable damage has been recovered due to the special injury by violence [Special Bodily Injury] - [Determination of the recommended area] mitigated area / [Scope of the recommendation area] one year and six months from June to two years [general prison life] - Reduction element : Over three years from 3 years [Scope of the punishment] to 30 years from serious half [ extent of the punishment] - Where the defendant committed a crime with dangerous weapons or other dangerous articles carrying a negative weapon or other dangerous articles: there is no criminal conviction - there is no criminal conviction / serious half of the punishment / considerable deposit/Suspension of execution / [The punishment and recommendation type in law] The sentence of imprisonment with prison labor for one year and six years from six months from six to six years from six months from the date of mitigation area, and the sentence of imprisonment with prison labor for the victim to the extent that the defendant did not complete damage to the victim's life or injury: the sentence of imprisonment with prison labor for six years and six years from six months from six months from six months to six months from the date.]

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