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(영문) 의정부지방법원 고양지원 2013.06.13 2013고단185
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

On January 1, 2013, the Defendant: (a) around 01:20, at the E-ju point operated by the Victim D (A, 50 years of age) in Goyangyang-gu, Goyangyang-gu; (b) while drinking together with female her friend, he was demanded by the Victim F (F (55 years of age) who was a customer who was drinking in other table her drinking alcohol; (c) her beer who was a dangerous object on the table; and (d) her beer who was faced with the face of the Victim F; and (e) her bet the victim’s face and right hand over; and (e) her bet the victim’s head and right hand over the victim’s left side; and (e) her bet the victim’s left part of the victim’s treatment, such as her horse or her flick, and her bet the victim’s left part of the victim’s treatment; and (e) her bet the victim’s two main body.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement made to F and D;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes to report on investigation (to submit details ofF medical treatment for victims);

1. Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act concerning facts constituting an offense, Article 257 of the Criminal Act;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, Article 50, and the proviso to Article 42 of the Criminal Act [a person who concurrently commits the crimes prescribed in the Punishment of Violences, etc., against Victims D with heavy penalty];

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., that the defendant agreed with the victims, that the defendant has no record of criminal punishment of suspension of qualifications or more severe punishment, and that there is no record of the same crime);

1. Article 62 (1) of the Criminal Act (the same grounds for discretionary mitigation);

1. Social service order under Article 62-2 of the Criminal Act;

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