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(영문) 의정부지방법원 2016.01.18 2015고단2214
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for not less than eight months.

The request of the applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

On July 27, 2008, the Defendant: (a) sold the victim’s right side part of the victim’s right side twice in each item, which is dangerous for the reason that the victim C is sleeped, sleeped and slicked in both sides E in Yang-si D, Yangju-si, and (b) sold the two parts five times to the victim five times in the latter part, and inflicted injury such as the injury on the victim’s inner right side, right hand, and the left part of the treatment period.

Summary of Evidence

1. Statement by the defendant in court;

1. The legal statement of the witness C;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes governing certificates of medical records;

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. The reason for sentencing of Article 32(1)3 and Article 25(3)3 of the Act on Special Cases concerning the Promotion, etc. of Lawsuits to Dismiss Application for Compensation Order (where the scope of liability for compensation of the defendant is not clear, the applicable) is that the defendant has committed the instant crime, such as pricing the victim's right eye and rear eye with each item, and the form and means of the instant crime are very dangerous. As a result, the victim suffered serious injury, suffered serious injury, and undergone a felling operation to prevent satis, and it seems that the defendant is suffering from legacy until now. Nevertheless, considering the following circumstances, it is inevitable to sentence the defendant to the defendant, even if the defendant has been tried to escape without making all efforts to recover damage for a close period of seven years after the instant crime was committed, and lives without responding to investigation until now, and has not agreed with the victim, it is inevitable to sentence him/her to the extent that he/she is favorable to the defendant.

However, considering the circumstances favorable to the defendant, the fact that the defendant recognized the facts of the crime, the first offender, and the fact that the victim deposited 4 million won as the principal offender after the closure of the pleadings in this case, and the fact that the victim deposited 4 million won as the principal offender. The circumstances leading to the crime in this case, the circumstances after the crime, and the age of the defendant.

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