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(영문) 의정부지방법원 2014.05.14 2014고단205
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 17:00 on January 4, 2014, the Defendant, at the D fishing place located in Yangju-si, suffered an injury in the number of days of treatment for which the victim’s head cover cover was performed once by a beer who is a dangerous object in which the victim’s cafeteria was placed at the cafeteria, and 4 cm (2 cm) on the part of the head cover.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. 경찰 수사보고(피해자 소견서 제출) 및 피해자 두정부 꿰맨 사진

1. Application of statutes on photographs of damage;

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. Reasons for sentencing under Article 62(1) of the Criminal Act of the Suspension of Execution [Determination of Punishment] - Types 1 (Special Bodily Inflicting) (Special Bodily Inflicting) (Special Bodily Inflictings): Reductions: [Determination of the area of recommendation] Reductions [including a serious effort to recover damage] / Determination of the area of recommendation] Reductions [the scope of recommendation] 1 year and six months to two years [general person] - Reductions : 1 year and six months to fifteen years [the scope of punishment] : The serious half [the scope of punishment] 1 year and six months to fifteen years [the extent of punishment] - The main reason for the positive commitments: Reductions of punishment (including a serious effort to recover damage] - There is no previous convictions or more than the suspension of execution [decision of sentence] 1 year and six months, and the fact that the defendant injured the victim with dangerous goods].

However, there is no criminal history of the defendant above the suspension of execution, and the defendant does not want the punishment of the defendant by agreement with the victim, the crime of this case was committed by the defendant with a contingency, the defendant is divided into his errors, and other factors of sentencing under Article 51 of the Criminal Act shall be determined like the order.

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