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(영문) 의정부지방법원 2014.12.08 2014고단3414
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

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

except that 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

At around 22:50 on August 20, 2014, the Defendant: (a) taken four times the victim’s face with each drinking on the ground that the victim E (the age of 36) was misunderstanding the Defendant that the victim E (the age of 36) sent a hump message using the Kakaox Meet on the road located in the Namyang-si, Namyang-si, 2014; (b) taken four times the victim’s face on the floor; (c) taken the part of the humbre ( approximately 1m) of the hume located on the floor; and (d) took one time the victim’s head on the part of the hume, which is a dangerous object, inflicted injury on the victim, such as brain dust, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A written statement;

1. A written diagnosis of injury;

1. Application of statutes on site photographs;

1. Article 3 (1) 1, Article 2 (1) 3, and Article 257 (1) of the Criminal Act concerning facts constituting an offense, and Article 3 (1) 1, Article 2 (1) 3, and Article 257 (1) of the Punishment of Violences, etc. Act;

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

1. The reason for the sentencing of Article 62(1) of the Criminal Act [Scope of Recommendation] is the case where the basic area of punishment (including persons who have been specially mitigated) (including efforts to recover damage) or considerable damage is recovered from the basic area of punishment (Article 62(1) of the Criminal Act, / In the case where the crime was committed under the threat of collective force or multiple force, or where the defendant carried with a deadly weapon or other dangerous things (Pronouncement decision], 1 year and six months of imprisonment, 2 years of suspended sentence, the defendant committed the crime of this case at a disadvantage, i.e., the fact that the crime was committed during the suspended sentence, i., the fact that the victim did not wish to punish the defendant, but she had been sentenced five years prior to punishment, and the fact that he was sentenced to a fine shall be considered as the favorable circumstances. The method and result of the crime of this case, the defendant's personality and behavior, family environment, etc.

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