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(영문) 수원지방법원 성남지원 2013.04.18 2013고단396

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 of the final judgment.

Reasons

Punishment of the crime

On November 27, 2012, 23:30 on November 27, 2012, the Defendant and his/her drivership met with the Defendant and the victim E (the age of 36) who have danced at the DN clubs stage in Sungnam-si, Sungnam-si.

Accordingly, the defendant gets off the victim's head on one occasion with beer disease, spawn with hand spath, spawn the spath, spawn the spath, and C satn the face of the victim on one hand.

As a result, the Defendant conspired with C to carry dangerous goods and carried them with the victim who could not know the number of days of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol concerning the interrogation of each police suspect regarding E;

1. Application of statutes on photographs of damage;

1. Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act concerning the crime concerned, Articles 257 (1) and 30 of the Criminal Act;

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

1. Reasons for sentencing under Article 62 (1) of the Criminal Act of the suspended sentence [the reasons for sentencing] Special Injury [the scope of recommending punishment] imprisonment with prison labor for one year and six months (including agreement with the victim] - two years and six months (the decision of sentencing is reflected] imprisonment with prison labor for one year and six months (the fact that the defendant is against the defendant, the fact that the defendant has agreed with the victim, the fact that the criminal records of violence are two times, the attitude after the crime, etc.] (whether to suspend the execution of sentence] (Article 62 (1) of the Criminal Act is decided (