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(영문) 의정부지방법원 고양지원 2013.11.08 2013고단1640
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 19:30 on August 15, 2013, the Defendant had a dispute with the victim E (the age of 52) and the party with respect to the party rules in the D party room located in the fourth floor of the building in Gyeyang-gu Seoul Metropolitan City, Gyeyang-gu, Seoul.

As above, while drinking the victim, etc. at the same time, the Defendant took a dispute with the victim, etc. again while drinking the same as the victim, and brought about the dispute with the victim, and as a result, the Defendant was netly fluenced by “the number of households in which the victim is a large number of households, dead, and discarded,” and he collected the beer World Cup, which is a dangerous article on the table, and flucing the back of the victim’s head, and collected the beer’s disease in favor of the dangerous article, and continuously flucing the number of the victims into one time and continuously flucing the above beer, and flucing the victim’s head.

As a result, the defendant carried dangerous objects and carried about about 14 days of treatment to the victim, and put up an open head cover.

Summary of Evidence

1. Defendant's legal statement;

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

1. Statement of the police statement of E;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

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 ( considered favorable circumstances among the grounds for the punishment by discretionary mitigation);

1. Article 62 (1) of the Criminal Act (General Conditions in favor of the reasons for the suspended sentence);

1. The reasons for sentencing under Article 62-2 of the Criminal Act of the community service order shall be deemed to be a disadvantageous condition, such as the fact that the accused has been sentenced to imprisonment in several times due to violence, but the accused is against his/her wrong recognition, the fact that the accused has agreed with the victim, and the fact that he/she should support the aged shall be determined by taking into consideration favorable circumstances;

It is so decided as per Disposition for the above reasons.

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