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(영문) 의정부지방법원 2015.09.11 2015고단2213
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, at around 00:25, the Defendant respondeded to the purport that “Dju’s store located in Namyang-si, Namyang-si, the Defendant had bullyingd the victim before about 20 years from the victim E while drinking alcohol together with the victim, and that “I do not know about the victim’s memory,” but the Defendant continued to stop the victim and caused the injury to the victim, such as a two open top room, where there was no two mains in need of treatment for about 14 days.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Written statement of the F;

1. Police investigation report;

1. A written diagnosis of injury;

1. Application of statutes on photographs of damage;

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] Special Bodi Injury (Special Bodily Injury) (Special Mitigations), the area of mitigation (including serious efforts to recover damage) (one year and six months to two years), the area of mitigation (including special mitigations), the area of mitigation of punishment (including serious efforts to recover damage) or the area of mitigation of considerable damage: Imprisonment with prison labor for one year and six months from June to six months [Pronouncement Decision], one year and six months from the date of suspension of execution (one year and six months from the date of sentence], and three years from the suspension of execution. Unfavorable circumstances: The fact that the injury was inflicted on the victim by the major soldier who is a dangerous object; the history of the same kind of fine crime; the normal situation favorable to him; the fact that the victim paid and agreed to pay a certain amount for the recovery of damage;

In this regard, the Defendant’s age, character and conduct, intelligence and environment, relationship with the victim, motive, means and consequence of the crime, circumstances after the crime, etc., and other factors of sentencing as stipulated in each subparagraph of Article 51 of the Criminal Act are above all considered.

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