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(영문) 의정부지방법원 2014.12.23 2012고단1743
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date of the final judgment.

Reasons

Punishment of the crime

On April 1, 2012, at around 02:56, the Defendant: (a) at the E drinking house operated by the victim D (Inn, 39 years of age); (b) at D and its employees before the victim F (Inn, 31 years of age) demanded that the Defendant change the credit rating; (c) thereby shouldering the glass left left part of F, one time with the shoulder glass, which is a dangerous object, and flicked the face.

On the other hand, the Defendant continued to use D with the above glass fluora, which means D’s “Wombow”, and the parts of D’s left elbow and the parts of back water once, and the Defendant carried dangerous objects as above, carried the victim F with inside and outside a blusium requiring approximately two weeks of treatment, and put the victim D into the opening of the left blusium which requires approximately two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D or F;

1. Each injury diagnosis letter;

1. Application of field photographs, victimF damaged photographs, and victim DNA damaged photographic Acts and subordinate statutes;

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 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 Social Service Order Criminal Act [Determination of Punishment] Violence: Type 1 (Habitual Injury, Bodi Bodily Injury, Bodi Bodily Injury and Bodily Injury) (Special Bodily Inflicting) - mitigated element: Instigator (agreement with the victim F) and efforts (deposit of KRW 3 million for the victim D) to recover damage [Determination of the recommended sphere] mitigated area / [Scope of recommendation sphere] One year and six months to two years [general person] mitigated area / Two years and six months [Determination of a sentence] serious half [Determination of a sentence] 2 years of imprisonment, probation, three years of suspension of execution, community service, 160 hours;

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