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(영문) 수원지방법원 안양지원 2014.01.29 2013고단565

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

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

Reasons

Punishment of the crime

At around 00:00 on April 18, 2013, the Defendant, while drinking alcohol together with the victim C(the age of 46) at a cafeteria near the Pyeongtaekdong-dong-dong-gu Yyangyang-dong-dong-dong-gu, and without any special reasons, 15 times the victim’s boomed with the victim’s her 15-day booms, which was a dangerous object that was outside the floor, while the victim avoided it, and caused the victim’s injury to the breath left side of the 2, 3, and 4-day bream that requires approximately six weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. The legal statement of the witness C;

1. Application of Acts and subordinate statutes to video CDs, on-site pictures and field weather slabs;

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. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (see, e.g., Supreme Court Decision 2009Da15488, Apr. 1, 2009) are as follows: (a) the sentencing factors are mitigated; (b) the degree of injury of the victim; (c) the victim requires the strict punishment against the defendant; and (d) the defendant has not made a substantial effort to recover damage; and (c) the sentence is imposed as ordered by the sentence considering the factors as an aggravated sentencing factors.