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(영문) 수원지방법원 성남지원 2013.08.30 2013고단1464

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

At around 23:30 on April 2, 2013, the Defendant: (a) took a dispute without any reason with the victim D while drinking without any reason; (b) took a drinking face from the victim D on one occasion; (c) took a side of the victim D’s right side of the victim D; (d) took the victim E’s left hand hand, etc., taking the victim E, taking the victim’s treatment back to the treatment period; (e) took the victim E’s fright hand, etc.; and (e) took the victim E’s fright hand, etc., taking the treatment period against the victim E., taking the victim E’s fright hand.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's protocol of interrogation of the accused and D (including E and the part concerning the statement of the accused in the protocol of D);

1. Each police suspect interrogation protocol against E, D, and accused;

1. Police seizure records;

1. photographs and on-site photographs of each damage;

1. Application of Acts and subordinate statutes on medical records to each emergency medical center;

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 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. The reason for sentencing under Article 48(1)1 of the Confiscation Criminal Act is not less than the nature of the crime of this case where the defendant inflicts bodily injury on the victims in knife. However, considering the fact that the defendant committed a crime, the defendant is committed in time, is divided, the victims do not want the punishment against the defendant, and the defendant suffered severe injury at the time of this case, the punishment shall be determined as ordered.