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(영문) 수원지방법원 안산지원 2013.05.10 2013고단772

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

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

except that 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

Around 03:00 on March 24, 2013, the Defendant: (a) performed alcohol together within the Chop restaurant, and followed the victim’s home history; and (b) took the victim’s d'(45 years of age); and (c) during the dispute between the victims, the Defendant 500CC Macju and beer disease, the head part of the victim, which is a dangerous object, went through a variety of times, put about about 14 days to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of police suspect regarding D;

1. Application of Acts and subordinate statutes on the certificate of injury, and photographs of damaged parts;

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 201Da1548, Apr. 1, 201);

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary Mitigation);