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(영문) 의정부지방법원 2015.09.21 2015고단1632
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 May 1, 2015, the Defendant: (a) around 20:50, at the cafeteria of “D” in the name of “D,” the Defendant: (b) had flicked the victim E (the 59-year-old) and the flicked dispute with “D”; (c) had flicked and flicked himself; (d) had flicked, a dangerous object on the cafeteria; and (e) had flicked the victim’s flick and eyebrowed flick, and (e) had an inner part that requires treatment for about seven days.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of recommended sentences according to the sentencing guidelines: Although at least two special mitigation persons exist in imprisonment with prison labor for a year and June, the lower limit of the sentencing range shall not be modified according to the lower limit of the punishment by law;

- Class 1 (Special Bodily Injury), Type 1 (Special Bodily Injury) (one year to two years and six months), (special mitigation), minor injury and non-members of punishment;

2. The Defendant’s decision of sentencing recognizes and reflects his/her mistake, the injury suffered by the victim is relatively minor, and the victim has agreed to have been smoothly and the victim expressed his/her intent not to punish the Defendant since the occurrence of the case, taking into account the Defendant’s age, character and conduct and other conditions of sentencing, the Defendant’s punishment against the Defendant shall be mitigated within the scope of sentencing guidelines, and the enforcement thereof shall be suspended.

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