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(영문) 의정부지방법원 고양지원 2015.05.14 2015고단41
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

At around 23:20 on December 8, 2014, the Defendant: (a) released the victim D (18) of the victim of the victim’s friendly arrest from the Goyang-gu C Apartment-gu C Apartment-gu, Goyang-gu; (b) caused the victim’s damage to his her her friendly group; (c) caused the victim’s head and part of the victim’s hair by drinking and launching, etc.; and (d) caused the victim’s head one time with plastic pipe (1m in length) which is a dangerous object located in the place; and (e) caused the victim’s injury, such as the victim’s head in the foreception of the head in the foreception and leaving two fluors.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Application of the Acts and subordinate statutes governing bodily injuries;

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 extenuating circumstances among the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act, although the nature of the crime of this case where the defendant unilaterally uses violence to the victim, the punishment shall be determined by suspending the execution of imprisonment with prison labor as above, taking into account the fact that the defendant has no criminal power, recognized his mistake, recognized his mistake, and agreed with the victim.

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