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(영문) 수원지방법원 2014.09.04 2014고단3596

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

A defendant shall be punished by imprisonment for two years.

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 exchangeds with the victim C (63 years of age) who is a friendly parent, and there has been no settlement of the mortgage problem created by the defendant on the acquired real estate.

At around 05:20 on May 26, 2014, the Defendant found D Apartment 107 Dong 201-dong 201, the Defendant prepared in advance and prepared two objects dangerous to the victim for the reason that the victim did not have any contact without resolving the right to collateral security (50cm in total length and 100cm in total) in the number of times the head, etc. of the victim, and one kitchen-car, which is a dangerous object (23cm in total length, 12cm in length in length in total), followed the victim, and put the victim an inner part of the number of days of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C and E;

1. Police seizure records;

1. Statement of opinion;

1. Application of the Acts and subordinate statutes of a photographs of damaged parts;

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. Reasons for sentencing under Article 48(1)1 of the Confiscation Criminal Act [Scope of Recommendation] : Classification 1 (Habitual Injury, Bodi Bodi Bodi Bodi Bodi Bodi Bodily Injury, Bodi Bodi Bodily Injury), the mitigation area (one year and six months to two years) [Special Mitigation] (including efforts to recover damage) or where considerable damage has been restored (decision of sentence], there is no history of punishment exceeding a fine exceeding a fine, and there is no history of punishment exceeding the fine exceeding the fine, the punishment shall be determined as ordered by the order, taking into account all the various sentencing conditions, including: