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(영문) 의정부지방법원 2013.11.19 2013고단3225
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for two years.

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 22:05 on September 21, 2013, the Defendant: (a) completed on-site work as well as drinking D, victim E (the age of 49) etc. on the first floor of the building under the jurisdiction of the Defendant, the residence of the Defendant; and (b) performed drinking d, victim E (the age of 49) etc. on the ground that the Defendant was able to have been able and able to d, and the Defendant was able to take once the head of the victim on the ground of an empty space, which is a dangerous object, on the ground that the Defendant was able to d and hicked; (b) the part of the part of the part of the part of the part of the victim’s left part of the victim E, the Defendant was flick.

As a result, the defendant carried dangerous objects and put the victim E into a bath where the number of days of treatment can not be known.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. On-site photographs;

1. 수사보고(피해자 상태에 �나 의사소견서 건)

1. Application of the legislation in its opinion;

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. Mitigation of discretionary work and mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (including the fact that the accused is breaking his mistake in depth through confinement life and that the injured party does not want the punishment of the accused due to his unanimous agreement with the injured party);

1. Article 62 (1) of the Criminal Act (wholly considering favorable circumstances in the first sentence);

1. The main sentence of Article 62-2 (1) and (2) of the Criminal Act on Probation;

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