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(영문) 의정부지방법원 2015.03.30 2014고단4093
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

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

However, 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

At around 22:40 on October 8, 2014, the Defendant purchased alcohol within E-art operated by the victim D (the age of 27) in Pyeongtaek-gun, Gyeonggi-do, and caused the victim to tear down about 10m of the left part of the victim’s face by gathering and selling the e-mail in return for money.

As a result, the defendant carried a disease, which is a dangerous thing, and carried the disease, and caused the above victim to suffer from an autopsy for about two weeks of treatment.

Summary of Evidence

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

1. A report on investigation (teleline investigation) and a report on investigation (Submission of a diagnosis report on injury of a victim);

1. A medical certificate;

1. Application of the photographic Acts and subordinate statutes;

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. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act [Scope of Recommendation] In the case of habitual injury, repeated injury, and special injury, category 1 (Habitual Injury, Bodi Bodi Bodi Bodi Bodi Bodi Bodily Injury), the mitigation area (1 year and six months to six months), the punishment not to be imposed (including serious efforts to recover damage), or considerable damage has been recovered (a decision of sentence] in the light of imprisonment with prison labor and one year and six months, suspension of execution, two years of probation, social service, the form of the crime in this case, the risk of the means of the crime in this case, etc. for 80 hours, the nature of the crime is heavy, and the fact that there is a previous conviction subject to a fine by violence several times is unfavorable

On the other hand, the defendant's mistake is recognized and depthed, and the points agreed with the victim are favorable to the defendant.

In this context, all the sentencing conditions, including the circumstances after the crime, age, character and conduct, family environment, etc., shall be determined as per the order.

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