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(영문) 수원지방법원 2015.08.19 2015고단2610

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

The defendant is a person who works for a tree.

At around 23:15 on April 30, 2015, the Defendant changed from D's main points located in Suwon-si C, Suwon-si, the Defendant drinking alcohol on the part of the victim E (the age 46) who talks with a drinking houser, and caused the injury of the victim to the left-hand side and the blood species, which require approximately two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A written statement;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( considered as favorable circumstances among the reasons for the punishment in prison);

1. Article 62 (1) of the Criminal Act on the suspension of execution ( normal consideration of the reasons for the suspension of execution);

1. The defendant and his defense counsel alleged that the defendant was in a state of mental disorder as a result of the defendant's conviction and memory at the time of the crime of this case. However, according to the records, the defendant did not seem to have been in a state of mental disorder or mental disorder at the time of the crime of this case, the above assertion is rejected.

The reason for sentencing [Scope of Recommendation] Special Injury (Special Bodily Injury) No. 1 (Special Bodily Injury) (Special Bodily Harm) (Special Mitigation Elements, 1.6.6.) (Special Bodily Harm) and Minor Bodily Injury (Pronouncement Decision): Circumstances in which the defendant inflicts bodily injury on the victim with dangerous articles without any reason that the crime is bad: The defendant recognizes and reflects the crime; the defendant appears to be contingent crimes; the degree of injury suffered by the victim is not very serious; and the person other than the one-time fine due to drunk driving.