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(영문) 의정부지방법원 고양지원 2015.05.28 2014고단3069
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

However, the execution of the above punishment for three years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

On October 19, 2014, the Defendant: (a) around 00:30, Goyang-si, Goyang-si, Goyangdong-si C danced the beer’s disease, which was a dangerous object in the table, at the stage of the DB club; (b) went to the victim E (ma, 33 years old) head and arms of his arms, without any reason.

As a result, the defendant carried dangerous articles and inflicted bodily injury on the victim such as tearing the head of the body in the treatment days.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to the scene and photographs of injuries inflicted on 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. The crime of this case, which was inflicted upon the beer's illness, which is a dangerous object without any specific reason in sentencing Article 62-2 of the Social Service Order Criminal Act, is not good, and the crime of this case is not sufficient to be committed, and thus, it is not possible to agree with the victim, so a strict punishment against the defendant is necessary.

However, a suspended sentence shall be imposed by taking into consideration favorable circumstances, such as the fact that the defendant deposited part of money for the victim, the first offender who had no record of investigation or trial until before the crime of this case, and the fact that his behavior is divided and reflected, etc. In addition, the defendant's age, character and behavior, environment, family relationship, motive, means and consequence of the crime, circumstances after the crime, sentencing guidelines for violent crimes, etc. shall be determined as ordered by the order.

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