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(영문) 수원지방법원 평택지원 2013.09.26 2013고단905

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

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

At around 03:00 on July 6, 2013, the Defendant inflicted an injury on E in the treatment days due to the following reasons: (a) the victim F (37 years of age) was expected to have his body, and was pushed down and pushed down, on the ground of beer disease, which is a dangerous object on the table, and (b) the victim’s head part was cut at one time.

Summary of Evidence

1. Defendant's legal statement;

1. A statement of F and G;

1. Application of Acts and subordinate statutes to photographs of damaged parts;

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 crime of this case on the grounds of sentencing under Article 62(1) of the Criminal Act is a case where the defendant inflicts bodily injury on the victim due to beer disease, which is a dangerous object, and the method and result of the crime are not exceptionally applied in light of the method and result of the crime.

However, the suspension of execution is to be imposed through discretionary mitigation of statutory punishment, in consideration of various sentencing factors, such as the defendant's age, occupation, and circumstance leading to the crime, including the fact that the defendant recognized the crime and committed a mistake, that the defendant agreed smoothly with the victim, that the defendant does not have any previous penalty exceeding the fine, etc.