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(영문) 의정부지방법원 2015.05.06 2014고단3996
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

On October 24, 2014, the Defendant: (a) around 21:45 on October 24, 2014, while drinking alcohol with the victim E (year 54) and drinking alcohol, the Defendant used a knife knife, which is a deadly weapon with the Defendant’s residence, and returned to the Defendant’s residence, on the ground that the victim was making a false speech; (b) followed the Defendant again into the said D’s residence, and followed the victim again into the said D’s knife knife and carried the part of the victim’s arms to the left part, where the victim’s treatment days cannot be known.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Written statements of D;

1. Application of usage tools photographs, damaged photographs, and Acts and subordinate statutes;

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. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act [Scope of Recommendation] In the case of habitual injury, repeated injury, and special injury (Habitual Injury, Bodi Bodi Bodily Injury), the mitigation area (1 year and six months to six months), the mitigation area (including a person who has been specially mitigated), the punishment not to be imposed (including a serious effort to recover damage), or a considerable partial recovery from damage (the decision of sentence] the punishment is heavier in light of the punishment for one year and six months, the suspension of execution two years, the community service work 40 hours, the form of the crime in this case, the risk of the means, etc., and the fact that the defendant has been punished several times by a fine is disadvantageous to the defendant.

On the other hand, the defendant's mistake is recognized and depthed, and the fact that the victim agreed with the victim after the closing of the argument in this case is favorable to the defendant.

In this context, the sentencing conditions, including the motive and background of the crime, the circumstances after the crime, the defendant's age, character and conduct, family environment, etc., shall be determined as per the disposition.

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