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(영문) 의정부지방법원 2015.06.23 2015고단239
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for a term of one year and eight 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 21:00 on January 5, 2015, the Defendant: (a) while drinking the victim E (51 years of age) and alcohol that came to know while working in the “D cafeteria” located in Gyeonggi-gun C; (b) had the victim’s desire to listen to the victim’s “per bit of bitch”, which is an object dangerous from the victim’s “per bit of bitch,” and had the victim take an open part in this part that requires approximately two weeks of treatment.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to F and E;

1. Police seizure records;

1. Photographs of seized articles;

1. Application of a medical certificate and Acts and subordinate statutes governing damaged parts;

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;

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] There is no basic area (2 to 4 years) (2 to 2 years) of the basic area (2 to 4 years) of habitual injury, repeated injury, and special injury (a repeated injury, repeated injury, and special injury) (a decision of sentence] (a decision of sentence] Defendant’s act is dangerous, and a heavier punishment should be followed.

The degree of damage of the victim is not easy, and the victim has not received a letter from the victim.

However, there are circumstances such as the Defendant’s confession and reflect on the instant crime when it comes to the court, the Defendant has no other criminal records other than a fine prior to and once, the Defendant appears to have committed contingent crimes of this case, and deposit KRW 500,000 for the victim, etc., which led the Defendant to lower the lower limit of the term of punishment through discretionary mitigation, and sentenced the suspension of execution, but the Defendant has the time to provide community service to others.

In addition, the age, character and conduct of the defendant, the details and motive leading to the crime of this case, and the period before and after the crime.

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