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(영문) 수원지방법원 성남지원 2015.07.24 2015고단235

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 December 27, 2014, around 05:30 on December 27, 2014, the Defendant resided together with the Defendant, D, and the Victim E (the age of 41) at D’s house located in Sungnam-si A, but the victim did not know about the Defendant’s excreta on the ground that the Defendant did not have the Defendant, but did not know about the Defendant’s excreta, and she did her fry dispute with the victim, and she her hand her hand, her head debt, which is a dangerous thing for the victim to her hand, and she prevented the Defendant, she her head debt, and her head debt, which was a dangerous thing for the victim, was collected at hand by her head part of the victim’s disease, and her part of her head was frighted by her hand, and her part of her beer her k's losses.

As a result, the defendant carried dangerous things and inflicted injury on the victim, such as getting the victim out from a severe finger over the treatment days.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes of E’s written statement (including attached 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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Recommendations based on sentencing standards;

(a) Type I (one year and six months to two years), the mitigated area (one year and six months) of habitual injury, repeated injury, special injury or injury;

(b) Where considerable damage has been recovered from the special mitigation factors;

2. The Defendant, who was sentenced to punishment, was carrying dangerous articles and committed a crime as stated in its reasoning, but did not reach an agreement with the victim.

However, considering the fact that the defendant is divided and led to a confession of a crime, a certain amount for the victim's deposit, the fact that the defendant has no record of criminal punishment in addition to one fine due to fraud, and other various circumstances shown in the arguments in this case, such as his age, character, conduct and environment, etc., it is the same as the disposition.