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(영문) 수원지방법원 평택지원 2015.10.01 2015고단1179

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 03:30 on August 16, 2015, the defendant, while drinking alcohol together with the female living together with the defendant, the victim D (year 47) in Pyeongtaek-si, was frightened by the victim due to the victim's face while drinking alcohol, was frighten by the victim's face, was collected, and the head part of the victim was decided by the frighter disease, and the part of the victim's head was frightened by the frighter disease in need of approximately two weeks of treatment to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of police statements of E and D;

1. A medical certificate;

1. Application of field photographs, damage photographs statutes;

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. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of recommending punishment] The sentence shall be determined as per the disposition, taking into account the following factors: (a) the mitigated area (one year and six months to two months), the mitigated area (including a person who has been specially mitigated), the punishment of a person who is not subject to punishment of a defendant, the fact that the victim is not subject to punishment of a defendant; (b) the fact that there is no criminal record against a defendant; and other various circumstances shown in the records, such as the age, character and conduct of a defendant and family environment, etc.

It is so decided as per Disposition for the above reasons.