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(영문) 의정부지방법원 2016.06.17 2015고단3348
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 23, 2015, around 12:30 on August 23, 2015, the Defendant collected stones ( approximately 10cm in width, about 15cm in length) which are dangerous objects from chemical danger on the ground that the victim E (54cm) is driving away and frighting out of the Defendant, and prices twice the part of the victim’s right head.

As a result, the defendant carried dangerous articles and put a head, where the number of days of treatment can not be known, to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to each damaged part of the photograph;

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act requires a strict punishment for Defendant in light of the following: (a) Defendant’s care at the victim’s head and inflicted bodily injury; and (b) the method of the crime was very dangerous; and (c) the result of serious bodily injury may occur to the victim.

However, in light of all the circumstances, such as the defendant's recognition of the crime of this case and the violation thereof, the victim and the victim agreed smoothly with the victim that they do not want the punishment of the defendant, the defendant has no record of punishment exceeding the fine, and the defendant's age, sex behavior, environment, motive and circumstance of the crime, and circumstances after the crime, etc., the punishment shall be determined as ordered by the order.

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