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(영문) 의정부지방법원 2012.11.29 2012고단2814
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 01:00 on September 6, 2012, the Defendant inflicted injury on the victim E (the 53-year old), who had drinking at the main point, such as d'D, who had drinking together at the main point, and was in need of approximately 4 weeks of treatment of the victim's face by taking about 500cc beer knife, which is a dangerous object in the test table, from the victim E (the 53-year old), who had drinking at the main point.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by the prosecution (including the substitute part);

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

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. Determination of the type of punishment under Article 62-2 of the Social Service Order Act [Determination of the type] among violent crime groups, where the victim is fully responsible for the occurrence of a crime: [Determination of the sentencing area] mitigated area [Determination of the sentencing area] 1 year and June to 2 years [no general person] - Where the victim is fully responsible for the occurrence of a crime by carrying dangerous articles (illegal reasons): Where the victim is fully responsible for the occurrence of a crime by carrying dangerous articles (illegal reasons) - Where the victim is also responsible for the occurrence of a crime (illegal reasons): Imprisonment with prison labor for not less than two times: imprisonment with prison labor for not less than one year and six months, suspended sentence for three years, community service (special reasons) for suspension of execution for three years, and prison labor for not less than two times, and considering that the victim was not fully responsible for the occurrence of a crime by driving without a license for a minor crime at the time of the crime in this case, it is necessary that the victim was punished with a fine first or more than two million won for the same kind of crime.

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