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(영문) 의정부지방법원 2015.10.20 2015고단1259
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 April 7, 2015, the Defendant collected the victim’s head part from the victim E (n, 60 years of age) located in the D market D market D market D 60 located in Jung-si, Jung-si on April 7, 2015, without any justifiable reason, and put the victim’s head part into the part of the victim’s head one time, and put the victim into the part of the number of days of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. Photographs and data related to damage;

1. Application of Acts and subordinate statutes to a report on investigation;

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. Reasons for sentencing under Article 62-2 of the Criminal Act on Probation and Social Service Order [Scope of Recommendation] : Type 1 (Habitual Injury, Bodily Injury, Bodily Injury, Special Bodily Injury) (1 year to 2 months) (1 year and 2 years and 6 months) (special mitigation) in the mitigation area (1 year and 1 year to 2 months) (the decision of sentence] in the mitigation area; the method of criminal punishment of defendants is dangerous and the degree of actual damage of victims is not easy

Although the defendant should be punished strictly because of the majority of violence cases, the defendant's punishment is not to be taken into account, such as the fact that the victim does not want the punishment of the defendant, and the fact that the defendant confessions and reflects the crime of this case, the defendant decided to suspend execution after lowering the lower limit of the term of punishment through discretionary mitigation.

At the same time, probation and community service are ordered so that the defendant has the opportunity of self-reliance by ordering the defendant to receive probation and community service, and other circumstances that form the conditions for sentencing as shown in the records and arguments of this case, including the defendant's age, character and conduct, the circumstances and motives leading to the crime of this case, and the circumstances before and after the crime.

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