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(영문) 수원지방법원 평택지원 2015.08.06 2015고단954

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

Reasons

Punishment of the crime

On June 12, 2007, the Defendant entered the manufacturing industry (E91) as a visa, but had been staying in the Republic of Korea on April 11, 2012, when the period of sojourn expired, the Defendant discovered the victim D (the age of 45) in the Fju located in Pyeongtaek-si on May 31, 2015, and found the victim D (the age of 45) who was under drinking alcohol at the Fju located in Pyeongtaek-si on May 31, 2015, and was able to receive violence on the part of the victim D (the age of 45) with the victim's head, who was in danger to the victim, and her head, left the back of the victim two times after the victim's head, and left the victim two times at the left-hand level.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of the victim;

1. Application of Acts and subordinate statutes to injury diagnosis certificates and 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. Circumstances favorable to the reasons for sentencing under Article 62-2 of the Probation Criminal Act: Determination on the application of the sentencing guidelines as to the inferior nature of the crime, the background of the crime, the minor injury, and the unfavorable circumstances unfavorable to the absence of punishment power: Whether or not the criteria for sentencing are applied (determination of types of punishment) (Article 1) (Article 1) (Article 1) (Special Injury by Habitual Injury, Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodis) (Special Bodi Bodis] for the occurrence of the crime or the expansion of damage to the victims of minor injuries to be mitigated (decision of the area of recommendation] Special mitigation [Scope of recommendation] from September to