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(영문) 의정부지방법원 2015.05.12 2015고단446
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

The Defendant, around December 20, 2014, around 21:20, 21:20, the victim E (the age of 55) who drinks alcoholic beverages at “Dju” on the first floor located in Scheon-si C, and works at that place, did not drink next to his/her own seat and drink alcoholic beverages, thereby leaving three beer’s back head from the cooling house to the victim.

As a result, the Defendant cut the victim into approximately two seconds, and put the victim's head in a way that the number of days of treatment can not be known.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A statement prepared by the F;

1. Application of Acts and subordinate statutes governing certificates of medical records;

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 work and consideration under Articles 53 and 55 (1) 3 of the Criminal Act (including the primary charge that has no record of criminal punishment, and the primary charge that has been smoothly agreed with the victim);

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the Social Service Order [Scope of Recommendation] : Type 1 (Habitual Injury, Bodi Bodily Injury, Bodily Injury and Special Bodily Injury) in the mitigation area (one year and six months to two years] (Special Mitigation) in the mitigation area (one year and six months), and one year and six months of imprisonment and two years of suspended execution;

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