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(영문) 수원지방법원 2013.07.12 2012고단3745

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 July 27, 2012, around 03:30 on July 27, 2012, the Defendant: (a) reported the fact that the victim E (the aged 15) who was suffering from leaving a mobile phone to charge the convenience store in front of the street store in the Ho-gu, Gyeonggi-gu, Gyeonggi-si; and (b) took the part of the victim’s head at one time with the steel spact, which is a dangerous object in chemical formation, the Defendant purchased the parts of the victim’s head at one time, thereby making it impossible for the victim to know the number of days of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Application of statutes on photographs of damage;

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. Discretionary mitigation of factors under Articles 53 and 55(1)3 of the Criminal Act (i.e., confession, reflectivity, the Defendant’s age is written, the primary offender, and the agreement with the victim);

1. Article 62 (1) of the Criminal Act on the suspension of execution;