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(영문) 수원지방법원 안산지원 2015.10.22 2015고단2710

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 became final and conclusive.

Reasons

Punishment of the crime

On June 23, 2015, at around 01:18, the Defendant: (a) while drinking alcohol together with the Victim C (37 years of age) in order to see that there was a dispute at the B cafeteria located in Gyeonggi City, the Defendant left the face of the victim due to drinking to the right side of the victim; and (b) on the right bridge, the Defendant left the victim’s left side.

On the other hand, the Defendant continued to walk the victim's left side by walking one time, and left twice the victim's head on the fluor's disease, which is a dangerous object on the table.

As a result, the defendant carried dangerous objects and carried them for about two weeks to receive medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. The application of Acts and subordinate statutes, such as photographs of damaged parts, photographs of violence part of the victim, pictures of boome, visual images of the crime scene, and written injury diagnosis

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. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] Article 62(1) of the Criminal Act: Type 1 (Habitual Injury, Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodily Injury) (1.6 to 2.6 months) (1.6 months) (1.6 months) (2 years and six months) (2 years)) is not easy to sentence of the instant crime; however, the Defendant’s mistake is against the victim; there is no other criminal record other than the victim’s mistake; twice