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(영문) 수원지방법원 안산지원 2013.10.08 2013고단1887

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 July 26, 2013, the Defendant: (a) around 23:40 Silung City C 301, while drinking alcohol with the victim D (the age of 53) on July 26, 2013, sent the victim’s head one time to the victim’s head on his own floor without any justifiable reason while drinking alcohol; and (b) inflicted injury on the victim, who was trying to restrain the victim, such as a face, face, and dives of the two parts, which require approximately four weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement made to D by the police;

1. A medical certificate;

1. Application of Acts and subordinate statutes to photographs of the body part of the victim, and field photographs;

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 (the point of inflicting an injury on a dangerous object);

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. It is so decided as per Disposition by the assent of all participating Justices on the following grounds: (a) the Defendant’s reason for sentencing under Article 62(1) of the Criminal Act is against the law; (b) there is no criminal record of the same kind; and (c) the