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(영문) 의정부지방법원 고양지원 2014.09.12 2014고단1358
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
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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

On June 6, 2014, around 22:10, the Defendant drinking alcohol with the victim E (year 55) on the street in front of the “Dju store” located in Paju City on the street, and she saw the victim’s bath, and she saw the victim’s bath, which is a dangerous object on the table table, and she saw the victim’s side head, and caused the victim’s injury, such as a two-day open wound, requiring approximately two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. A medical certificate;

1. Application of the Acts and subordinate statutes governing victim part photographs;

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. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order [Scope of Recommendation]: The mitigated area of special injury (one year and six months to two years): In a case where punishment is not imposed (including a serious effort to recover damage) or considerable damage is recovered from the mitigated area (a decision of sentence], the defendant is highly in need of severe punishment due to the lack of the nature of the crime, such as making the head of the main body of the body of a dangerous object, a beer disease.

However, the execution shall be suspended in consideration of the fact that the victim committed a contingent crime while the victim was committed with the victim and agreed smoothly with the victim, that the defendant is against the victim, and that there is no punishment as the power of the same kind or similar in the past.

It is so decided as per Disposition for the above reasons.

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