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(영문) 의정부지방법원 2014.06.20 2014고단988
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

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

One document (No. 1) seized shall be confiscated.

Reasons

Punishment of the crime

1. On November 19, 2013, the Defendant violated the Punishment of Violences, etc. Act (a collective injury, etc., with deadly weapons, etc.) was under the influence of alcohol at “le park” located in 199, the Government-dong 199, and the victim C (here, 18 years of age) was under the influence of alcohol, thereby causing an injury to which the number of days of treatment cannot be known as one time due to a dangerous object (15 cm in total length, 8.5 cm in length), which is a dangerous object of the other victim’s right handh (15 cm in total length, 15 cm in length, 8.5 cm in length). The Defendant was under the influence of alcohol at the “le park” of the Government-dong 199.

The Defendant continued to threaten a large number of unspecified people, and caused the victim's left hand floor of the victim D (the age of 17) who failed to restrain it to do so one time, and the victim's hand floor of the victim was 6 cm.

Accordingly, the defendant carried dangerous articles and inflicted an injury on the victims respectively.

2. The Defendant, at the time and place specified in Paragraph 1, was urged to take a hand-on the left hand of the victim E (the age of 17) who was imprisoning and threatening a large number of unspecified persons at the same time and place.

Accordingly, the defendant assaulted the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. The police statement of C, D, and E;

1. The police seizure record and the list of seizure;

1. Application of statutes on photographs of damage;

1. Article 3 (1) and Article 2 (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes, Articles 2 (1) and 2 (1) 3 of the Criminal Act, Article 257 (1) of the Criminal Act, and Article 260 (1) of the Criminal Act (the point of violence and the choice of imprisonment with labor);

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. The scope of sentencing sentencing in Article 48(1) of the Criminal Act is recommended based on the sentencing guidelines from January 1 to June 16.

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