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(영문) 수원지방법원 2013.11.15 2013고단3804

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

Reasons

Criminal facts

The defendant is a person who was in a de facto marital relationship with the victim C(Inn, 41 years of age) father D(Death around June 2013).

At around 18:25 on July 20, 2013, the Defendant, at the head of the Defendant’s house located in Ma on 18:25 on 2013, he returned the amount of KRW 12,00,000,000, which the Defendant gave to D before the birth of the said D, to the victim who was arranging the said D’s relics. However, as the victim refused it, the Defendant collected the front door of the substitute stone (20cm x 10cm x 5cm x 5cm) which was a dangerous object in the course of drinkinging and drinking, and caused the victim’s injury, such as an open wound, which requires the victim’s treatment for about 21 days.

Summary of Evidence

1. Statement to the effect that the defendant has a fact that he has left the victim's back water by protruding the brick at the time, time, and place of the ruling (Provided, That the defendant has changed only once by contingency);

1. A written statement prepared in C;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes concerning photographic images;

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 (i.e., that the defendant separates his mistake, that the defendant deposited a certain amount for the victim, that the defendant appears to have committed the crime of this case by contingency while he was in a dispute with the victim, and that there are some circumstances to take into account the circumstances leading to the crime);

1. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., Article 62 (1) of the Act on the Suspension of Execution (see, e.g., Supreme Court Decision 200

1. Social service order under Article 62-2 of the Criminal Act;