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(영문) 수원지방법원 안산지원 2015.05.28 2015고단785

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등

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 became final and conclusive.

Reasons

Punishment of the crime

On January 27, 2015, the Defendant: (a) around 22:40 on the street in Gwangju-si, the victim C(34 years of age), the victim D(36 years of age) and the victim D(36 years of age) were involved in physical fighting; (b) the victim was a dangerous object, and (c) the victim was sent one time to the victim for about three weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol against D or C;

1. Application of Acts and subordinate statutes to violence victim photographs, DNA damaged photographs, and death diagnosis reports (C);

1. Articles 3 (1) and 2 (1) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes; Article 260 (1) of the Criminal Act; Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act; Article 257 (1) 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Sentencing of Article 62 (1) of the Criminal Act [Scope of Recommendation) 1 of the Suspension of Execution: Crimes of Type 1 (Habitual Injury, Bodi Bodi Bodi Bodi Bodily Injury, Bodily Injury, Special Bodi Bodily Injury): The scope of final sentence according to the mitigation area (from January to June 1, 2) and the aggravation area (from April to January 1, 2): The mitigation area (decision of the sentence) of Category 6 (Habitual Habitual Habitual Habitual Habitual Assault), the mitigation area (from April to February 1, 20): The circumstances unfavorable to the sentence] from June to January 1, 201 (decision of the sentence]: The defendant inflicts an injury on one victim due to the main illness, and assaulted one victim, and favorable circumstances such as that the injury of the victim is not easy: Considerations against the mistake of the defendant, agreements with the victims, the first offender, home circumstances, etc., taking into account all other favorable conditions for sentencing prescribed in Article 51 of the Criminal Act.