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(영문) 의정부지방법원 2015.06.05 2015고단237
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 03:40 on July 13, 2014, the Defendant: (a) sold the part of the victim’s left head on one occasion by beer disease, which is a dangerous object, due to the issue of payment of drinking value with the same victim E (names: F) and the same victim E (names: F) within the Dongducheon-si, 2014; and (b) suffered an injury to the face requiring treatment for about 14 days.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol of suspect examination of G police officers;

1. Each police statement made to E (F) and H;

1. A written diagnosis of injury;

1. Application of the Acts and subordinate statutes on CCTV photographs;

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 [Scope of Recommendation] The area of mitigation (one year and six months to two years), the area of mitigation (including special mitigation), the area of mitigation (including serious efforts to recover damage) or the area of considerable damage, the scope of sentence comparison between punishment and recommending punishment: From one year to half years and six months (decision of sentence], and one year and six months from one year to six months from one year and six months, and the period of suspension of execution and three years disadvantageous to one year: The period of suspension of execution, which is a dangerous article, inflicted an injury on the victim;

(k) favorable normal conditions: reflectivity on one’s mistake, and there is no particular criminal history in Korea;

In light of the Defendant’s age, character and conduct, intelligence and environment, relationship with the victim, motive, means and consequence of the commission of the crime, circumstances after the commission of the crime, and other factors such as sentencing prescribed in each subparagraph of Article 51 of the Criminal Act. It is so decided as per Disposition.

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