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(영문) 의정부지방법원 2014.06.10 2014고단909
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Around 02:00 on February 14, 2014, the Defendant: (a) sent the victim E (Nam and 23 years of age) to drinking the victim on the ground that he or she went against the Defendant; and (b) carried out physical fighting with the victim on the ground that he or she did not go against the Defendant, the Defendant left the part of the victim’s left head on the table of the above main line, one time, and put the victim into the column of the number of days of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding E;

1. On-site and photographs of damage;

1. Application of Acts and subordinate statutes to investigation reports (including statements of 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Reasons for sentencing under Article 62 (1) of the Criminal Act [Determination of Punishment] - Types 1 (Habitual Injury, Bodi Bodily Injury, Bodily Injury) (Special Bodily Injury): Reduction element - [The decision of the recommended area] Reduction element] [the scope of recommendation range] one year and six months from June to six months [the scope of general person] Reduction element - None of criminal punishment (the scope of punishment): Provisions of applicable Acts / [the scope of punishment] No applicable provisions: Three years or more [whether or not] major reasons for suspension of sentence] - No criminal history, no punishment (including a serious effort to recover damage): incidental crimes and reflect [the decision of the sentenced area] Reduction element], and there is no high risk of damage to the defendant, and it cannot be deemed that there is a high risk of damage to the defendant's crime.

However, in consideration of the fact that the defendant committed the crime of this case by contingency, the fact that the defendant was punished while being wraped with the victim, and the fact that the defendant was the first offender, a suspended sentence shall be sentenced to the defendant, and the agreement is reached only with the victim.

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