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(영문) 수원지방법원 안양지원 2015.10.30 2015고단1214

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is the victim C(32 years of age) and the employer's compensation.

At around 01:00 on July 1, 2015, the Defendant suggested that the Defendant had a defect in a sexual intercourse with the singing room to the victim while drinking alcohol in the Enos room located in Annos room located in Ansan-si, Annyang-si, Annyang-si, the Defendant inflicted an injury on the victim, such as the fresher’s fluor, which is a dangerous object that had been placed on the face of the victim several times due to the victim’s refusal to do so.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement concerning C and F;

1. A written diagnosis of injury;

1. Application of each statute on photographs;

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;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act of the Social Service Order [Scope of Recommendation] The sentence shall be determined as per the order, taking into account the following: (a) there is no basic area (two to four years) (two years) of the type (two-four years) of habitual injury, repeated injury, and special injury; (b) [decision of sentence] [decision of sentence] the degree of damage is not easy; (c) the degree of damage is deposit of KRW 700 (400,300) for the victim; (d) there is no criminal record of suspension of execution or more; and (e) the detention of the accused is deemed to entail excessive difficulty to his/her dependents;