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(영문) 의정부지방법원 2015.04.07 2015고단362
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 and the victim C(33 years of age) are those living together.

At around 04:10 on January 30, 2015, the Defendant asked the victim about the job issues of the victim and the victim, while under the influence of alcohol, the Defendant asked the victim whether he will come to work, “I will come to work,” and “I will come to work,” in a timely fashion, at his own dwelling around 04:10, the Defendant d, 201, and 201, the Defendant d, d, d, d, d, h, h, h, h, h, h, h, h, h, h, h, h, h, h, h, h, h, h, h, h, h.

As a result, the defendant carried a deadly weapon with a victim for about five weeks of medical treatment, thereby suffering from a scarcity trade and a scarcity scarcity with a badly weapon.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Police seizure records;

1. On-site photographing photographs;

1. Application of Acts and subordinate statutes to a criminal investigation report (on-site report), investigation report (related to medical doctor's currency, diagnosis name, etc.);

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. Probation under Article 62-2 of the Criminal Act;

1. Reasons for sentencing under Article 48(1)1 of the Confiscation Criminal Act [Scope of Recommendation] : Type 1 (Habitual Injury, Bodi Bodi Bodi Bodi Bodi Bodi Bodily Injury, Bodi Bodily Injury, Special Bodi Bodily Injury) (Article 18(1)1 (Article 48(1) of the Confiscation Criminal Act (Article 48(1) of the mitigated area (Article 1 year and 6 months to 2 years and 6 months) / [Article 48(1)1 of the Confiscation Criminal Act] (Article 48(1) of the mitigated

Although the result of the injury is not weak, the defendant and the victim were living together with each other, the crime of this case was committed contingently, the victim does not want the punishment of the defendant, and there is no same criminal records for the defendant.

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