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(영문) 의정부지방법원 2013.11.01 2013고단1620
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Around 18:05 on April 21, 2013, the Defendant: (a) stated that the victim D (son and 55 years of age) from the side of the detached house located in Scheon-si C means that the Defendant was able to take a dog of the Defendant’s key; and (b) took three times the head of the victim, which is a dangerous object that was prepared in advance and dangerous object, the Defendant was in an open top of the two mains where there is no open address within the two.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Statement of D police statement;

1. The network photographs discovered at the site;

1. Application of Acts and subordinate statutes to photographs of the body of injury and report on investigation (a certificate of hospitalization of the victim);

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., circumstances of the crime, degree of injury, and the fact that the victim does not want the punishment of the defendant);

1. Article 62 (1) of the Criminal Act on the suspension of execution (precluding the preceding sentence);

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