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(영문) 수원지방법원 성남지원 2016.01.21 2015고단2715

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On October 30, 2015, at around 20:00, the Defendant: (a) requested the victim E (the victim 61 years of age) (the victim) who is the employee of the above carbacacacacacacacacacacacacacacacacacacacacacacacacacacacacacacsacacacacsacacacacacacacsacacacsacacacacsacacacacsaca

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes of a medical certificate;

1. The prosecutor charged the instant charges by applying Articles 3(1) and 258-2(1) and 257(1) of the former Punishment of Violences, etc. Act (amended by Act No. 12896, Dec. 30, 2014); Article 2(1)3 of the Criminal Act; Article 257(1) of the Criminal Act.

In this regard, Article 3(1) and Article 2(1)3 of the former Punishment of Violences, etc. Act, which provides that the punishment of a person who commits an injury by carrying a deadly weapon or other dangerous object as a consequence of the promulgation and enforcement of the Act by Act No. 13718, Jan. 6, 2016, was deleted, and Article 3(1) and Article 2(1)3 of the former Punishment of Violences, etc. Act are deemed to be an amendment of the Act based on reflective consideration that the previous sentencing was too serious. As such, the Act on the Punishment of Violences, etc. cannot be applied to the facts charged in this case, and the special injury crime (the special injury crime is included in the facts charged in this case, and it is within the extent that it can be recognized without modification of the Act) under Article 258-2(1) of the Criminal Act newly established.

1. Consideration of Article 62(1) of the Act on Suspension of Execution, including the beginning of the reason for sentencing, reflectivity, and the fact that the victim does not want the punishment under an agreement with the victim;