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(영문) 의정부지방법원 고양지원 2014.02.20 2013고단2286
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
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

1. Around 00:10 on October 13, 2013, the Defendant violated the Punishment of Violences, etc. Act (a collective injury, etc., resulting in death by deadly weapons, etc.), and around 00:10 on the ground that the victim E (the age of 58) who is a customer talks with the victim at a bar of "D" located in the Jung-gu Seoul Metropolitan Government, and that the customer E (the age of 58) talks with the victim, the Defendant left the beer’s disease, which is a dangerous object on the table, in a timely fashion, and laid off the beer’s beer’s beer’s beer, and the victim shouldered the victim’s right shoulder part of the victim’s right-hand part of the treatment days.

2. The Defendant assaulted the victim F (55 years of age) on the above date, time, place, and the victim F (55 years of age) who was in line with E, with the Defendant’s hysium, and with the victim’s head hys and knife due to the defect that prevents him from escape.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding E;

1. The police statement concerning F;

1. A written statement of F and E;

1. Application of Acts and subordinate statutes on bodily injury E;

1. Article 3 (1) and Article 2 (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes, Articles 2 (1) and 2 (1) 3 of the Criminal Act, Article 257 (1) of the Criminal Act and Article 260 (1) of the Criminal Act (the point of assault and the choice of imprisonment) of the Criminal Act;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and the proviso of Article 50 and Article 42 of the Criminal Act;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., circumstances favorable to the following reasons for sentencing):

1. The reason for sentencing under Article 62(1) of the suspended sentence of the Criminal Act ( considered as favorable circumstances among the reasons for sentencing below) lies in the risk of the act by the defendant, such as marking the shoulderer disease to the victim E, entering the victim in the upper part of the body above the victim. However, the defendant is in profoundly against the fact of the crime, the victim E does not want the punishment of the defendant, and the defendant was two times in the past.

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