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(영문) 수원지방법원 성남지원 2014.02.07 2013고단2886

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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 22:10 on November 3, 2013, the Defendant: (a) 22:10, while smoking tobacco at the DN clubs located at Sungnam-si A, left tobacco butts in the ice test; (b) the victim E said that the Defendant would not smoke tobacco inside the body; (c) he coming to the victim; (d) cut the beer’s disease on the Defendant’s table, cut off the beer, cut off it on the Defendant’s table; and (e) cut off the victim’s knife, which is a dangerous object; and (e) continuously cut off the victim’s face at the entrance of the above knife club, the Defendant sawd the victim’s face for approximately six weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each police interrogation protocol of the accused and E;

1. A medical certificate of injury, and a damaged photograph;

1. Application of the Acts and subordinate statutes on CCTV closures;

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. Article 62 (1) of the Criminal Act;

1. Probation and community service order Article 62-2 of the Criminal Act does not mean that the nature of the crime of this case where the defendant inflicts bodily injury on the victim with dangerous things is less severe, and the defendant has been sentenced three times to suspended sentence of imprisonment for violent crimes and several times, but the defendant has been sentenced to a fine. However, in light of the fact that the defendant is committed in the course of committing the crime, and the victim does not want the punishment against the defendant, the punishment shall be determined as ordered by the Ordinance