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(영문) 의정부지방법원 고양지원 2014.11.28 2014고단2009
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 06:00 on April 3, 2014, the Defendant discovered that E, who had an appraisal by drinking alcohol and drinking alcohol at a store operated by the Defendant at ordinary level, was frighting to drink and drinking alcohol, and took a bath to “inleting” out of E, he saw her breath and her hand her breath, and her breath with her hand her breath, and E her son her breath, her escape, and her escape, which was dangerous to the Defendant’s breath on the street (20cc in length), was her head and drinking alcohol, and she did not look at the victim’s breath and her part at the victim’s breath, which was close to the victim’s body, and did not hear the victim’s breath and her part at the close to the victim’s body, but did not hear the victim’s 3rd and her part.

Accordingly, the defendant carried dangerous articles and inflicted bodily injury on a person.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding E;

1. The police statement concerning F;

1. On-site and related photographs;

1. Application of Acts and subordinate statutes to report on investigation (report on confirmation of victim F telephone reception);

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. Reasons for the sentencing of Article 62-2 of the Criminal Act on Probation and Social Service Order [Scope of Recommendation] : Type 1 (Habitual Injury, Bodi Bodily Injury, Bodily Injury, Special Bodily Injury) (1 year to February 2) (1 year to June 6) in the mitigation area (2 year to June 6), the mitigated area (special mitigation] (2 years of imprisonment with prison labor, 4 years of suspended sentence, probation and probation.

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