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(영문) 수원지방법원 2013.07.24 2013고단2075

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

On April 28, 2013, the Defendant: (a) around 21:30 on April 28, 2013, at the Suwon-gu Suwon-si, Suwon-do, the Defendant left the victim’s head one time with the main of the Defendant, who was a dangerous object on the customer, on the ground that “In the process of drinking the victim E (52 years of age) and alcohol at the store, the Defendant was doing so well”.

As a result, the Defendant carried dangerous articles and inflicted a bodily injury upon the victim with a 5cm tear, where the victim could not know the days of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the interrogation protocol of E;

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., the fact that an agreement is made with the victim, the fact that it appears to be a contingent crime, and the fact that the defendant has no same record for the last ten

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