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(영문) 의정부지방법원 고양지원 2015.02.10 2014고단701
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

1. Defendant A shall be punished by imprisonment with prison labor for a year and six months;

However, the above punishment shall be imposed for two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

1. On February 28, 2014, Defendant A: (a) around 22:20, at the main point of “F” on the first floor of Goyang-gu building E, Seoyang-gu, Seoyang-gu; (b) the Defendant, known to the Defendant, followed the post-ship relationship with G and the victim B (ma, 45 years old); and (c) 500cc bec bec bec bec bec beck, which is a dangerous object on the table table, and the victim’s head was removed from the victim’s head; and (d) the victim’s head was the victim’s “duis” on the number of days of treatment.

2. At the time and place mentioned in paragraph (1), the Defendant: (a) brought the victim A (mainam, 50 years old); (b) brought the victim with 200cc beer residues, which is a dangerous object on the tables, at the victim’s time and place; and (c) brought the victim with the number of days of treatment.

Summary of Evidence

1. Defendant A’s legal statement

2. A legal statement of a witness;

3. Partial statement of the interrogation protocol of Defendant B by the prosecution (H part)

4. Application of Acts and subordinate statutes to investigation reports and photographs (No. 2 and 3).

1. The Defendants of the relevant criminal facts: Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act and Article 257 (1) of the Criminal Act

2. The Defendants are the elements of sentencing unfavorable to the Defendants, in light of the method of the instant crime with the reason for sentencing under Article 62(1) of the Criminal Act, and the risk therefrom, etc.

On the other hand, Defendant A recognizes the instant facts charged as a substitute and reflects it, the Defendants’ crime committed contingently while under the influence of alcohol is a crime, the Defendants do not want to punish each other, and the Defendants do not have any criminal history that can be noted in relation to the instant case, etc. are elements for sentencing favorable to the Defendants.

Furthermore, the sentencing guidelines, including the Defendants’ age, character and conduct, and environment, were taken into account equally, and also refer to the “crime crime sentencing guidelines” prepared by the Sentencing Commission.

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