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(영문) 의정부지방법원 고양지원 2014.08.28 2014고단1006
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 12, 2014, the Defendant: (a) around 19:50 on the 19:50s, on the ground that the victim D(58 years of age) took a bath to the Defendant, and (b) on the ground that the victim D(58 years of age) taken a part of the victim’s face in drinking, the Defendant collected one pipe of 1 meter in length, which is a dangerous article located there.

As a result, the defendant carried dangerous objects and carried them about about 21 days of medical treatment to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Recording notes of electronic telephone recording;

1. A record book of theF telephone recording;

1. Statement of D police statement;

1. A photograph of the upper part of the site damage area;

1. Application of Acts and subordinate statutes to damaged parts and field photographs;

1. Articles 3 (1) and 2 (1) 3 of the relevant Act on the Punishment of Violences, etc. against Criminal Crimes, and Article 257 (1) of the Criminal Act (the point of an injury by carrying a deadly weapon);

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Type 1 (Habitual Injury, Bodi Bodi Bodi Bodi Bodi Bodily Injury, Bodily Injury, Special Bodily Injury, etc.) in the sentencing range of Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc. shall be determined as the order, taking into account the following various circumstances: (a) the defendant, despite the fact that he/she was punished several times of violent crimes, inflicted an injury on the victim using a hack pipe, which is a dangerous object despite the fact that he/she was punished as such; (b) the defendant is led to confession; (c) the defendant is not serious; (d) the victim is not liable for the occurrence of the instant crime; (d) the victim is not liable for the occurrence of the instant crime; (e) there is no penalty force exceeding a fine after 1982; and (e) the defendant's family relation, character and conduct, motive, means and consequence of the instant crime; and

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