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(영문) 수원지방법원 성남지원 2015.07.02 2015고단790

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등

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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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 00:20 on May 2, 2009, the Defendant: (a) sufficiently divided the victim E (the 40-year-old) who is a victim E (the 40-year-old) who was a victim of D taxi driving service prior to Sungnam-si, for the reason that the Defendant did not properly find a destination; (b) continuously cut off the victim E from the above si to a time when the inside and the breast part of the victim E (the cab) and the breast part of the cab due to drinking and launching of the si; and (c) laid down each item (4 meters in length) where the waste material was less dangerous than the waste material thereof, and she laid off the cab owned by the victim (the cab owned by the driver).

As a result, the Defendant inflicted injury on the victim E by using dangerous articles for about 21 days, and damaged the 573,617 won of the repair cost.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A written diagnosis and written estimate;

1. Application of each statute on photographs of damage;

1. Articles 3 (1) and 2 (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes; Article 257 (1) of the Criminal Act; Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act; Article 366 of the Criminal Act concerning the punishment of a deadly weapon;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (hereinafter referred to as the following grounds for sentencing)

1. The reason for sentencing under Article 62(1) of the Criminal Act (the following reason for sentencing) of the suspended sentence is [the scope of recommending sentence] the mitigated area (one year and six months to two years and six months), the mitigated area (including a person who has been specially mitigated), the punishment not (including a serious effort to recover damage), or the recovery of considerable damage (the decision of a sentence) (the decision of a sentence is made), the fact that the person was rapidly interested while under the influence of alcohol at the time, and the fact that the victim was not subject to punishment by agreement with the victim.