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(영문) 의정부지방법원 2015.10.19 2015고단2096
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 19:30 on December 27, 2014, the Defendant expressed the victim F(53 years of age) and his behavior in E cafeteria located in Gyeonggi-si, Gyeonggi-do, Macheon-si, and the Defendant argued with the victim. On the other hand, the Defendant suffered injury, such as the victim’s appearance and the number of days of treatment on the part of the victim’s math and upper head, which is a dangerous object (40cm in length, 4.5cm in width, 4.5cm in length, 3.5cm in length, 3.5cm in length).

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to F, G, and H;

1. A written statement of I and J;

1. Application of Acts and subordinate statutes to photographs, deadly weapons and victims;

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;

1. Scope of the recommended sentence based on the sentencing guidelines: Imprisonment with prison labor for a year and June, - Two years and six months [type] 1 areas to be mitigated (one year and six months - two years and six months] (special mitigation) (special mitigation), and no penalty shall be imposed;

2. Although there are many kinds of records of the decision of sentencing to the defendant, and the defendant seems to have committed an act of making a false statement in the investigation process to escape a heavier punishment, this court recognizes and reflects his/her mistake in this court, since long after the occurrence of the case, the victim agreed to have only the victim agreed with the victim and expressed his/her intent not to punish the defendant, taking into account the defendant's age, character and conduct, and other sentencing conditions, the sentence against the defendant shall be mitigated within the scope of the sentencing guidelines, and the execution thereof shall be suspended.

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