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(영문) 의정부지방법원 고양지원 2015.11.20 2015고단2182
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

On June 15, 2015, at around 21:46, the Defendant collected a humbre (a., 12 cm in length, 5 cm in height), which is a dangerous object that had been placed on the front of the calculation unit, without any reason, at the “E” house of the victim D (E, South, 33 years old), located in Eunpyeong-gu Seoul Metropolitan Government (a., 12 cm in length, 5 cm in height), and laid down a part of the victim’s left eye on one occasion, and led the victim to a humbre that requires approximately two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Records of seizure and the list of seizure;

1. A written diagnosis of injury;

1. Application of each statute on photographs;

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. In light of the fact that the motive for committing the crime of sentencing Article 62-2 of the Criminal Act on the grounds of the order to provide community service and attend lectures is not good and that there is a little need for strict punishment in the past, which has been punished as the same or similar force.

However, in the fact that the victim agreed smoothly with the victim and the defendant seems to have repented of the mistake, the execution of the injury in this case is not a very serious letter, and the defendant's gender, age, family relationship, etc. shall be suspended.

It is so decided as per Disposition for the above reasons.

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