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(영문) 의정부지방법원 2014.04.29 2014고단36
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

except that 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 December 9, 2013, around 12:26, at the “D” office located in Scheon-si C, the Defendant collected a chair who is a dangerous object of the victim’s head, and continued to use the head of the victim’s head on his/her hand, on the ground that the victim E (n, 48 years of age) and his/her business was in a conflict of interest and became in a conflict of interest. In addition, the Defendant collected a chair who is a dangerous object of the victim’s head on his/her face, and continued to use his/her head on his/her hand.

As a result, the Defendant committed an injury to the victim, such as salt, tensions, etc., which requires two-day medical treatment for the victim by saving the victim with dangerous things.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. A letter of injury diagnosis, crime tools and photographs;

1. Application of Acts and subordinate statutes to a report on investigation (verification of CCTV at a criminal scene);

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. Reasons for sentencing under Article 62 (1) of the Criminal Act [Determination of Punishment] (Article 62 (1) of the Suspension of Execution (Article 62 (1) of the Criminal Act; - Types 1 (Habitual Injury, Bodi Bodily Injury, Bodily Injury): Reduction element: In the mitigated area of minor injury [Determination of the recommended area] / [Scope of the recommendation area] one year and six months to six years [general person] [Scope of mitigation elements] - There shall be serious reflectivity, no criminal punishment [Scope of punishment] applicable provisions: The statutory penalty of Articles 3 (1) and 2 (1) 3: 3-30 years of imprisonment: Suspension of sentence] 3-30 years [Prohibition of Execution] - Major writing reasons for punishment (including serious effort to recover): Minor injury, failure to compensate for damage (including a serious effort to recommend a sentence of punishment): The defendant shall be compared to the previous one of six years of imprisonment with prison labor for a period of one year to six years prior to his/her own recommendations or his/her previous sentence of punishment;

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