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(영문) 의정부지방법원 2014.06.24 2014고단1274
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

On April 5, 2014, from around 21:00 to 22:00, the Defendant: (a) performed a horse fighting in the “D Sing Place” located in Yangju City with the victim E (the age of 45) for an unforeseen reason while drinking together with the victim E; (b) made the victim’s face with the drinking house; (c) made the head of the victim’s head by the beer disease, which is a dangerous object; and (d) went with the shoulderer who is a dangerous object.

As a result, the Defendant carried with the beer disease, which is a dangerous thing, and put the victim a two-time medical care for approximately two weeks, and put the following arms into a heat.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Each medical certificate and damaged photograph;

1. Application of the Acts and subordinate statutes to the complaint;

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. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] : (a) the area of mitigation (one year and six months to two years) (one year and six months), the area of mitigation (special mitigation) (one year and six months to six months) of habitual injury, repeated injury, and special injury) ; (b) the act of the defendant is dangerous; and (c) the damage suffered by the victim is not easy. In light of the above, the defendant is subject to criticism.

However, the defendant committed the crime of this case by contingency while drinking together with the victim, and the court did not take into account the circumstances such as the victim's failure to want punishment by agreement with the victim and decided to suspend execution against the defendant through discretionary mitigation.

However, the period of suspension of execution has been set more than ordinary cases so that the defendant can maintain his awareness of the same criminal records of the suspended execution once.

In addition, the age, character, conduct and environment of the defendant, and the background and motive leading to the crime of this case.

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