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(영문) 수원지방법원 평택지원 2015.07.23 2015고단683

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

On April 8, 2015, the Defendant: (a) expressed that the “Dju store” located in Pyeongtaek-si C, 01:05, the victim E (the 54 years of age) is going to go to the other male parallel; (b) expressed the victim and the above male parallel, who “I am going to go to the middle, I am to the middle, I am to the middle, I am to the middle, I am to the middle, I am to the middle, I am to the middle, I am to the face of the victim; (c) collected the beer disease, which is a dangerous thing, toward the victim’s left arm; and (d) continuously collected the beer’s face, which is a dangerous thing, toward the victim’s wall, cut back the glass cup to the victim’s face; and (e) took the victim’s face to the end, treatment of the victim’s face, etc. by taking the victim’s face to the end.

Summary of Evidence

1. Legal statement of witness E;

1. Medical records;

1. Application of Acts and subordinate statutes to notify the department related to case photographs and 112 case reporting;

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. Circumstances favorable to the reasons for sentencing under Article 62-2 of the Criminal Act: Decision on whether to punish or not, conditions unfavorable to minor injuries: inferior quality of the crime, absence of circumstances prior to the opening (the motive of the crime, the avoidance of the commission of the crime), and the application of the sentencing guidelines for repeating the same crime [decision of types] of category 1 (Special Bodily Injury, Bodily Injury, Bodily Injury, Bodily Injury, Special Bodily Injury), [Special Bodily Bodily Injury] - In cases where the punishment of minor injuries (including serious efforts to recover damage) or considerable damage has been restored (decision of the recommended area] where the special mitigation area / [Scope of the recommendation area] / September 2 and June 6;