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(영문) 의정부지방법원 2014.10.13 2014고단2712
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

On June 13, 2014, the Defendant, around 21:30, 2014, dhop, in front of the Government-Si of Gyeonggi-si, Daho farm, such as the victim E, and 53 years old, her husband and the principal owner of the weekend farm of the victim were not able to reach a settlement.

Therefore, when the victim said that he did not compromise to the defendant, the defendant collected 500cc beer c beer, which was a deadly weapon on his customer without attending the rhetor, and she gets off the left side of the victim once, and caused the victim to undergo approximately two weeks of medical treatment.

Accordingly, the defendant injured the victim by carrying a deadly weapon.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A written diagnosis of injury;

1. Application of statutes on photographs of damage;

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 [the scope of the recommended sentence] general injury (the scope of the recommended sentence] in case where the defendant committed a crime by the threat of organization or multiple force, or by carrying a deadly weapon or other dangerous articles (the decision of the sentenced sentence] in one year and six months, and the suspended sentence two years, in case where the defendant committed a crime by carrying a deadly weapon or other dangerous articles (the decision of the sentenced sentence] in accordance with Article 62(1) of the Criminal Act of the suspended sentence, it is reasonable to punish the victim significantly since the defendant prices the victim'

However, the fact that the defendant is committing the crime and is against the defendant, while having been punished for the same kind of crime, the defendant was punished for 30 years prior to the 30th anniversary of the fact that the victim did not want the punishment for the defendant under the agreement with the victim shall be considered under favorable circumstances. The means and results of the crime in this case, and the circumstances after the crime, are as follows.

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