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(영문) 수원지방법원 평택지원 2013.05.31 2013고단449

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

Around 02:00 on March 24, 2013, the Defendant: (a) discovered the victim E (the age of 25) who had observed the Defendant’s assaulting the said D with D and Si expenses, who is an employee of the said singing room; (b) laid down the part part of the victim’s right once on the ground of the gate, which is a dangerous object in the surrounding area, and caused the victim’s injury to the victim, who was walking on the road, requiring approximately three weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and D;

1. A written diagnosis of injury;

1. Application of each statute on photographs;

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. The crime of this case in the reason of sentencing under Article 62-2 of the Social Service Order Criminal Act is a case where the defendant, who is a dangerous object, inflicted an injury on the victim, and the crime is not less than that of the crime in light of the method of crime, etc.

However, in consideration of various sentencing factors, such as the fact that the defendant is against the recognition of the crime, the fact that the defendant agreed with the victim, and the fact that there is no record of the crime exceeding the fine, a suspended sentence is to be sentenced under the condition of community service order through discretionary mitigation of statutory punishment.