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(영문) 의정부지방법원 2014.09.30 2014고단1096
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 June 18, 2013, around 23:00, the Defendant: (a) directed the victim E (the age of 47) to demand the Defendant to pay the obligation, and (b) to establish a document and a surety, which is a dangerous object, on the D Fishing Place located in Macheon-si; and (c) the Defendant was on board the FSex car, which is a dangerous object, and (d) the victim got out of the defective car that he intends to get on the LSex car.

Accordingly, the Defendant, who was the victim, was able to set up a unit and sound in the future of the Lone Star car, was placed at the time of the Lone Star car and transferred it as is, and received the victim’s right shoulder part of the victim’s right shoulder as the left part of the Lone Star car.

As a result, the Defendant carried dangerous things with the victim and inflicted an injury on the climatic base, which requires treatment for about two weeks.

Summary of Evidence

1. The defendant's partial statement (the statement to the effect that the injured party has opened the door of his/her driver's vehicle and the defendant has driven his/her vehicle to the effect that he/she had fledd by driving

1. Each legal statement of witness E and G;

1. Application of Acts and subordinate statutes to a medical certificate [the testimony of a victim and witness shall be credibility in light of the consistency of the contents of the statement concerning the process of the occurrence of the case and the degree of his/her attitude of testimony, etc., and it is not sufficient to find the defendant guilty of the criminal facts when adding the contents of his/her medical certificate

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

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the Social Service Order [Scope of Recommendation] In the area of mitigation (1 year and six months to two years] (1 year and six months), minor injuries (a decision of sentence) were not received from victims.

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