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(영문) 수원지방법원 성남지원 2015.01.16 2014고단2425

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 of the final judgment.

Reasons

Punishment of the crime

On September 21, 2014, the Defendant: (a) around 21:00, the Defendant: (b) around 21:00, the victim E, who was seated in the next table c, while drinking alcohol at the “D” c, was a beer disease, which is a dangerous object on the customer; (c) taken the head of the victim; and (d) taken the victim’s face at around 2 weeks, and taken the victim’s face into consideration.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A criminal investigation report (Submission of a medical certificate for a victim);

1. Application of Acts and subordinate statutes to field photographs at the time of mobilization;

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. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., the fact that the victim has agreed smoothly with the victim, the fact that the defendant has divided his/her mistake, the circumstances leading to the crime, the degree of injury of the victim, etc.);

1. Article 62 (1) of the Criminal Act ( repeatedly considering the circumstances specified in the preceding sentence);