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(영문) 의정부지방법원 고양지원 2015.03.12 2014고단2744
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 November 23, 2014, around 20:30, the Defendant brought the head of the Victim E (the 50-year-old) into a small-scale illness, which is a dangerous object in which he or she had a dispute with the victim E (the 50-year-old-si), and led the victim to approximately 14 days of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each E statement;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes to photographs of victims;

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. The reason for sentencing under Article 62 (1) of the Criminal Act of the suspended sentence [Scope of Recommendation] The mitigated area (one year and six months to six months), the mitigated area (including any effort to recover damage), the punishment of a person who has been granted a special imprisonment], or the restoration of considerable damage (including a serious effort to recover damage) (the decision of a sentence), the fact that the defendant is divided and reflected, the fact that the defendant seems to result in the instant crime is likely to result in a contingent crime, the degree of damage of the victim seems not to be excessive, the fact that the victim reached an agreement with the victim, the fact that the victim was punished for the same kind of crime, and other circumstances of the defendant's criminal records (any criminal records exist after the last punishment was imposed in 2006), the age, character and conduct, environment, family relations, motive for the crime, etc. are considered;

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