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(영문) 수원지방법원 안산지원 2014.04.15 2014고단450

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 December 23, 2013, at around 22:28, the Defendant: (a) performed drinking with the victim E (the age of 57) at one “Dju shop” located on the unit C and fourth floor of Ansan-si, Ansan-si; (b) performed drinking without any special reason; and (c) was a beer disease, which is a dangerous object on the table, and caused the victim’s head at one time, resulting in the victim’s injury with a tear of the number of days of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each police interrogation protocol of the accused and E;

1. The police statement concerning F;

1. G statements;

1. Application of Acts and subordinate statutes to injured parts and field photographs;

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. Probation and community service order Article 62-2 of the Criminal Act is not good in that it causes injury to the victim by making the victim's head due to beer's disease, which is a dangerous object for the reason of sentencing. However, the above punishment shall be imposed according to the sentencing guidelines in consideration of all the circumstances, including the following: (a) the defendant confessions and reflects all of the crimes; (b) the defendant smoothly agrees with the victim by unanimous agreement with the victim (the victim was directly present on the first trial date; and (c) the defendant does not have the same criminal record in addition to the previous criminal record of a fine concerning drinking driving; and (d) the defendant has no criminal record of the same kind