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(영문) 의정부지방법원 2016.03.09 2014고단3501
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On August 25, 2014, the Defendant 23:50 on August 25, 2014, at the time of the Government around 23:50, on the C Apartment D Apartment, the elderly E’s daily behaviors and liquors are good from the victim.

“Before the end of the statement, the victim’s head part is 1 time, which is a material of tree material, which is a dangerous object in the front side of the bath, and the victim took the body of the victim who was used in the front wheelchairs at one time as the same chair, and the victim took the body of the victim who was used in the front wheelchairs at one time as the same chair, and the victim took two parts of the number of days of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to photographs of field damage;

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the suspended sentence under the Criminal Act: The defendant suffered injury to the victim for the number of days of treatment by taking account of the fact that there are several times of criminal records, and the victim's head and the victim's head into account. The defendant's above act is a dangerous act that may cause serious harm to the victim's life and body: the defendant recognized all of the crimes in this case and reflects the defendant; the victim does not want the punishment; the victim does not want to be punished; the defendant's age, sexual behavior, intelligence and environment; the victim's relationship with the victim; the victim's motive, means and consequence; and other factors for sentencing as prescribed in each subparagraph of Article 51 of the Criminal Act, such as the defendant's age, sexual behavior, intelligence and environment; the victim's motive, means and consequence;

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