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(영문) 의정부지방법원 2015.05.28 2015고단466
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

The Defendant, at around 18:30 on January 28, 2015, performed horse fighting on the ground that the victim E (year 51) who is a workplace partner and the victim neglected to perform his work without complying with his/her own instruction at the time of his/her government’s city, the Defendant left the front of the victim.

Accordingly, the defendant carried dangerous objects with the tear of the victim, thereby causing bodily injury to the victim for treatment days.

Summary of Evidence

1. Defendant's legal statement;

1. A E-document;

1. Application of statutes on photographs of damage;

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 (including the fact that no record of punishment exceeding a fine has been imposed, and that an agreement has been reached smoothly with the victim);

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the Social Service Order [Scope of Recommendation] : Type 1 (Habitual Injury, Bodi Bodily Injury, Bodily Injury and Special Bodily Injury) in the mitigation area (one year and six months to two years] (Special Mitigation) in the mitigation area (one year and six months), and one year and six months of imprisonment and two years of suspended execution;

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