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(영문) 의정부지방법원 2016.03.17 2015고단4628
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 31, 2015, the Defendant: “D main points” located in Spocheon-si, Spocheon-si, Spocheon-si, at around 21:00, came to look at the victim E (49 tax) and the age of the Defendant, who had been present in another restaurant and drinking alcohol prior to that time, but was flad, and the victim was aware that he was at the victim’s friendship and was at the end of that time aware that he was at the victim’s friendship, and that he was at the end of that time aware that he was at the “D main points”, and found the victim’s head and 500cc beer, which is a dangerous thing that had the table, so that the victim’s head and she was strong enough to be at the end of beer for about 2 weeks, and caused damage to the victim’s reputation part that requires approximately 2 weeks treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Investigation report (to hear statements from the complainants by telephone and report);

1. Investigation report (a summary of telephone recording);

1. A CD;

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

1. Relevant Articles 258-2(1) and 257(1) of the Criminal Act concerning facts constituting an offense refers to Supreme Court Decision 2015Do17907 Decided January 28, 2016.

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act (hereinafter referred to as the "unfair circumstances favorable to the reasons for sentencing"): The circumstances in which the necessity of punishment is high since the victim's head was injured by being injured by being injured by being at the end of the victim's head, which are dangerous things: the defendant recognized and is in depth against the defendant; the victim expressed his intention to punish by agreement with the victim; there is no criminal punishment exceeding the fine; there is no criminal conviction exceeding the fine; and there is no criminal conviction identical to the instant crime; the above circumstances and the defendant's age, sex, occupation, environment, circumstances, means and consequence of the crime; and the following circumstances, etc., the punishment shall be determined as indicated in the order of punishment

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