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(영문) 의정부지방법원 2014.06.10 2014고단904
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

On February 14, 2014, at around 16:05, the Defendant conspired with D, and around 16:05, the 'G hospital' operated by the victim F (50 years of age) E, that the victim was sexual harassment with H while giving medical treatment to H, who is the Defendant’s wife, and entered the above hospital, and entered the hospital as well as the above hospital. D, the medical clinic closed, observe the clinic, and observe it. The Defendant used approximately 1 liter capacity or 1 melel dedilution product mixed with water, which is a dangerous object with a strong volatileness, on the head of the victim’s head, and “Is, Is, Is, Is, Is,” as “Is, Is,”.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of police suspect regarding D;

1. The police statement concerning F;

1. A written statement of I and J;

1. Application of screen photographs and Acts and subordinate statutes to screen pictures and CCTV-fags;

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act for the crime concerned, Article 260 (1) of the Criminal Act, Article 30 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Reasons for sentencing under Article 62 (1) of the Criminal Act [the decision of types] for sentencing under Article 62 (1) of the Act on the Suspension of Execution: Violence 6 (Habitual Cumulative Offense, Special Violence): - Where the victim is fully responsible for the occurrence of a crime or the expansion of damage, the decision of the district of recommendation] Special mitigation [the scope of recommendation] between February and January 1 [the range of recommendation] - Where two or more persons jointly commit a crime (the scope of punishment] - Where two or more persons jointly commit a crime: the applicable provisions of the Act on the Suspension of Execution of Punishment: One year or more - (whether a suspended sentence of punishment is suspended) - Major reference grounds for punishment (including pride): Where the victim is fully responsible for the occurrence of a crime or the expansion of damage, the victim's failure to punish (including efforts to recover damage), and the state of pride in the health of the defendant (including efforts to reflect), and the state of pride in the health of the defendant;

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