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(영문) 의정부지방법원 2014.12.01 2014고단2158
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 18:00 on February 5, 2014, the Defendant expressed the victim’s desire to take care of the number of days to the drinking house proprietor and female employees when drinking alcohol (the 48 years of age) at the “D” alcohol house located in Gyeonggi-gun, Gyeonggi-do, 2014, and the victim F (the 48 years of age), among the drinking house employees, and had the victim’s head as an empty disease, which is a dangerous object in the table table, on the ground that the Defendant was frighten, and had the victim’s head at one time, and had two open wifes in need of medical treatment for the number of days.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of the legislation in its opinion;

1. Article 3 (1) 1, Article 2 (1) 3, and Article 257 (1) of the Criminal Act concerning facts constituting an offense, and Article 3 (1) 1, Article 2 (1) 3, and Article 257 (1) of the Punishment of Violences, etc. Act;

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

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act on Probation [Scope of Recommendation] General In cases where the basic area (4 to 1.6 months) (including specially mitigated persons) is subject to punishment (including serious efforts to recover damage) or considerable damage is recovered from the basic area (4 to 1.6 months), or where a person committed a crime by collective or multiple force, or carried with a deadly weapon or other dangerous articles (decision of sentence] one year and six months, and two years under suspended sentence has the career of having been punished for the same crime several times, and there is a disadvantage that the defendant was punished for the same crime. Among them, the fact that there is a prior conviction of suspended sentence, the fact that the victim was against the time of the crime, and that the victim did not want the punishment against the defendant by mutual consent with the victim shall be considered as a favorable circumstance. The punishment shall be determined by comprehensively taking into account the method and result of the crime in this case, the circumstances, age of the defendant after the crime, personality, behavior, home environment, etc.

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