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(영문) 수원지방법원 2014.12.08 2014고단5723

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

Punishment of the crime

On September 28, 2014, the Defendant: (a) around 03:52, at D entertainment tavern C in Suwon-gu, Suwon-gu, Suwon-si; (b) under the influence of alcohol, the Defendant obstructed the victim E (the age of 52), who is another customer, from singing in the stage; (c) went to the victim; and (d) made the head of the victim one time with beer, which is a dangerous object located in the victim’s table, and caused approximately two weeks to undergo a cerebrus in detail.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding F;

1. Statement to E by the police;

1. G statements;

1. CCTV images;

1. Application of Acts and subordinate statutes to damaged parts of photographs and written diagnosis of injury;

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. Reasons for sentencing under Article 62-2 of the Probation Criminal Act [Scope of Recommendation] Special Injury (Special Bodily Injury) shall be mitigated (one year and six months to two years), mitigated (including serious efforts to recover damage), or where considerable damage has been recovered, the scope of sentence comparison between the applicable sentences and the recommended sentences: the applicable sentences and the recommended sentences shall be determined from one year and half years to six months [Pronouncement Decision], and the execution of the sentence shall be postponed for a certain period in consideration of the circumstances agreed with the victim, etc.