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(영문) 수원지방법원 안양지원 2013.11.14 2013고단1100

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등

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

On June 15, 2013, around 23:15, the Defendant: (a) while having danced “Dju shop” on the third floor of the Maan-gu C building in Gyeyang-gu, Mayang-gu; (b) the victim E (57 years of age) and the body face; (c) the victim E walked the front part of E once due to the outbreak; and (d) the victim’s hand carried the body of the victim E with his hand; and (c) went beyond the tight floor.

The Defendant continued to use a beer’s disease, which is a dangerous object on the table table, as his hand, and thereby driving away from the victim E and his/her driver F, and discovered the victim G (56 years old) who is another one of the above E and disembarked from the victim G (56 years old) once by the above beer’s disease.

As a result, the Defendant added the victim E with a multi-faceted crypology, such as the left-hand chest, which requires treatment for about 2 weeks, and put the victim G with less than two open cryposis which requires treatment for about 3 weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol of F, E, or H;

1. Each police statement concerning G;

1. Application of Acts and subordinate statutes to each injury diagnosis certificate, each opinion, and medical certificate;

1. Article 3 (1) and Article 2 (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes, Articles 2 (1) and 2 (1) 3 of the Criminal Act, Article 257 (1) of the Criminal Act and Article 257 (1) of the Criminal Act concerning the crime (the point of injury, the selection of imprisonment with labor);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 201Da1548, Apr. 1, 201);

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for discretionary mitigation)