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(영문) 의정부지방법원 2014.10.16 2011고단2588
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

On June 26, 2011, the Defendant: (a) around 01:25, at the D main points located in Mana Government City C, on the ground that the victim E (n, 41 years of age) who drinked with her own, was about to be bad and try to occur in the workplace while making it difficult to do so; (b) faced with a monitor installed near an empty beer, and (c) caused the victim’s face face part one time by a shoulderer who is a dangerous object, and caused injury to the victim by a knife in need of two weeks of medical treatment.

Summary of Evidence

1. Statement of the accused in the third protocol of trial;

1. Statement of the police statement of E;

1. Application of an injury diagnosis certificate and statutes governing damaged photographs;

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. Reasons for sentencing [Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (including the fact that the defendant shows an attitude to reflect in depth as he/she acknowledges his/her mistake, and that there exists no same penal power as well as the punishment sentenced to a fine of KRW 200,000 as a result of a violation of the Punishment of Violences, etc. Act in 194, and no record of punishment exceeding the fine has been imposed] [the scope of recommendation] the basic area (two years to four years), the basic area (two years from the special category), the repeated injury, special injury (a person who has been habitually injured by repeated injury), and there is no element to mitigate or increase the punishment [decision of sentence] two years;

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