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(영문) 의정부지방법원 2013.08.09 2010고단2740
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
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

At around 23:00 on July 4, 2010, the Defendant: (a) 302 of Dongducheon-si 302, on the ground that D, while drinking alcohol together with the Victim D (33 years of age) and the Victim E (35 years of age), discharged the head of D, which is a dangerous object of D, and carried out a heat to tear the tear of D, where the number of treatment days cannot be known to D; and (b) caused E to tear the face of the horse e two times in drinking.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol concerning the examination of suspect of the police against D or E;

1. Application of statutes on photographs of damage;

1. Article 3 (1) and Article 2 (1) 3 of the Punishment of Violences, etc. Act concerning facts constituting an offense, Article 2 (1) 3 of the same Act, and Article 257 (1) of the Criminal Act (Selection of imprisonment with labor for an injury to E);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 2009Da15489, Jan. 1, 2009)

1. Article 62 (1) of the Criminal Act on the suspension of execution (precluding the preceding sentence);

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