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(영문) 수원지방법원 안산지원 2016.01.28 2015고단3693

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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who has served as an engineer at the management office of the apartment of the Dong-gu, Ansan-si, and the victim D(48 tax) is the head of the management office of the above management office of the defendant.

On September 11, 2015, at around 13:30 on September 13:30, 2015, the Defendant, at the above apartment water tank rapid pump room, had a replacement method, and had a horse fighting with the victim, and had the victim make a horse fighting depending on the difference in opinion. On the one hand, the Defendant prices the victim's head and the part of the victim's head and the part of the victim's entry into the above apartment water tank at approximately 4 times, and caused the victim's injury, such as the open upper part in need of treatment for about 2 weeks, and the part of the part that did not have any scambling, in which the victim's head and the part of the victim's head need to be treated for about 2 weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police of D;

1. E statements;

1. A written diagnosis of injury;

1. Each investigation report (29,43 pages of evidence records);

1. A copy of medical records;

1. Application of Acts and subordinate statutes to related photographs and field photographs;

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act is deemed to require a heavy punishment against the defendant in light of the following: (a) the victim’s following-hand scaming prices the victim’s scambling of the scambling, and the victim’s head scambling four times again, causing injury to the victim; (b) in light of the method of the crime, the nature and circumstances of the crime; and (c) the risk of causing serious harm to the victim, such as the risk of the victim’s life, etc.; and (d) the crime of this case was committed.

However, the defendant's confession and reflects his criminal act, the agreement with the victim, the primary offender, and other defendant's person.