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(영문) 수원지방법원 2016.03.11 2015고단3726

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

A defendant shall be punished by imprisonment for not more than ten months.

However, 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

On June 2, 2015, at around 11:30 on 11:30, the Defendant, on the first floor of the “D Notification Board” located in Suwon-si C, Suwon-si, Suwon-si, had the victim E (50 taxes) receive drinking and sprinking violence from drinking and sprinking, and had the victim take a dangerous object (10cm in length) at around 17:30 on the same day, and found the victim as 305 of the above Notification Board residing in order to resist this, the Defendant expressed the desire to “Nara, spack,” and expressed the victim out of the room, who was unable to know the number of days of treatment for the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of the suspect by each prosecutor against the defendant or E;

1. The photograph of the damage, the protocol of seizure, and the list of seizure [the defendant asserts to the effect that he denies the charges to the effect that he would have knife not only his knife but also the victim's knife with knife. However, in full view of the above evidence duly admitted by the court, it is sufficient to find the defendant guilty of the charges of this case. Accordingly, the defendant'

Application of Statutes

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for the sentencing of Article 62-2 of the Social Service Order Act [the scope of recommendation] : (a) habitual injury; repeated injury; and special injury to a repeated offender; (b) the mitigation area (one year and six months to two years); (c) the punishment of a person who is not subject to special mitigation (including efforts to recover damage) or considerable damage; (d) 10 months in imprisonment; and (e) the above sentencing guidelines for two years in suspension of execution are based on the statutory penalty stipulated in Articles 3(1) and 2(1)3 of the former Punishment of Violences, etc. Act, which is the statutory penalty stipulated in Article 258-2(1) of the same Act, which is the statutory penalty stipulated in Article 258-2(1) of the newly established Criminal Act, changed to the term “a person who has been punished by imprisonment for not less than ten years but not more than ten years.”