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(영문) 의정부지방법원 고양지원 2014.08.08 2013고단992
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
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

1. Around 12:30 on March 16, 2013, the Defendant violated the Punishment of Violences, etc. Act (a collective injury by a deadly weapon, etc.) found his/her residence in the victim D (n, 61 years of age) located in Pakistan and inflicted injury on the number of days of treatment on the victim and the victim, “the body of his/her body becomes better than that of his/her body,” which is a dangerous thing in the scheme.

2. Around March 16, 2013, the Defendant violated the Punishment of Violences, etc. Act (collectively weapons, etc.) said, around 13:00 on March 16, 2013, that “the Defendant got the victim to wear his body” at the top of the residence of the victim F (hereinafter the age of 52) in E at the time of the strike, she saw the victim to go beyond the victim F, and assaulted the head 5-6 times with the gravel, which is a dangerous object in marina, and quihing the face.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Articles 3 (2) and 2 (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes; Article 257 (1) of the Criminal Act (the occupation of inflicting an injury on carrying a dangerous object); Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act; Article 260 (1) of the Criminal Act (the occupation of assaulting carrying a dangerous object);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. On the grounds for sentencing under Article 62-2 of the Social Service Order Act: Class I (A) (Habitual Injury, Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodily Injury, Bodi Bodi Bodi Bodi Bodily Injury) (1 year and June through June 2) (2 year): The mitigated area (2) (the scope of recommending punishment): the mitigated area (4 months to April 12) (4 months): the mitigated area (4 months) (4 months), and the mitigated area (4 months) (2 and 14 months): the final sentencing range due to the aggravation of minor injuries (2 and 4): the sentence in January and 31.

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