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(영문) 의정부지방법원 2013.12.19 2012고단1005
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 06:40 on March 4, 2012, the Defendant: (a) performed a victim E (50 years of age) and meal at a D restaurant located in Guri-si C, and (b) took a dangerous object that the victim was aware of in the past, and (c) took the victim’s right eye at the bar of the victim, which is a dangerous object that the victim was aware of in the past, and caused the victim to tear the skin, and caused the victim to have the inside and outside of the treatment days.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to written E;

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. Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation (the defendant reflects his mistake in depth through confinement life; the defendant has no record of being punished for the same kind of crime except for a punishment of a fine of one million won in the year 2009 due to an injury; the details of the instant crime and the degree of damage suffered by the victim, etc.);

1. Article 62 (1) of the Criminal Act (wholly considering favorable circumstances in the first sentence);

1. The main sentence of Article 62-2 (1) and (2) of the Criminal Act on Probation;

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