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(영문) 의정부지방법원 고양지원 2014.12.30 2014고단1867
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

At around 04:30 on August 23, 2014, the Defendant discovered the victim E (the age 49, inn) entering the said toilet without any reason, while drunking in front of the toilets located in the D cafeteria, and reported the change of the victim’s head to the small-scale disease, which is a dangerous object prior to entering the said toilet, and reported the change of the victim’s head to the small-scale disease, which was a dangerous object prior to holding. On March 23, 2014, the Defendant inflicted injury on the victim, such as cerebril, which requires treatment for up to 21 days, by taking on three occasions the left arms.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. A detailed statement on handling 112 reported cases;

1. Statement to E by the police;

1. A written diagnosis of injury;

1. Photographs of the place of occurrence, photo of the victim's upper part, photo of the victim's upper part, and a shouldered major disease;

1. In the investigation report (to secure photographs after cutting off theCCTV video screen): ( although the defendant and his defense counsel asserted that it does not inflict an injury on the victim's disease which is a dangerous object, according to the witness F's statement under this law, the 112 reported case processing statement, the victim E's statement at the police station, etc., it can be acknowledged that the defendant's head and left arms are the victim's disease, which is a dangerous object, and thus, the above argument is rejected). Thus, the above argument is not accepted.

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. The crime of this case is committed in the period of suspension of execution (one year to two months) in the area of mitigation (one year and six months), the crime of this case was committed in the range of recommending the reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation (Article 55(1)3 of the Criminal Act; the crime of this case is committed in the area of mitigation (a habitual injury, repeated crime, injury, and special injury). The crime of this case was committed in the area of mitigation (a year and six months); the crime is bad; the motive for the crime is bad; the defendant is not agreed with the victim; the defendant is against his/her part of the crime; the defendant deposits 1.8 million won for the victim; the suspended sentence is invalidated and the punishment can also be invalidated.

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