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(영문) 수원지방법원 2015.01.19 2014고단4781

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 July 26, 2014, the defendant 'D restaurant' located in Osan-si C, 2014. 7. 12:10, followed the victim E (Nam, 26 years of age) who is a dangerous object in dispute with the victim E (ma), who is a dangerous object, the victim's face at one time and gave up about two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. On-site photographs and photographs of injuries;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

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 Probation Criminal Act [Scope of Recommendation] Special Injury (Special Bodily Injury) shall be mitigated (one year and six months to two months), the area of mitigation (including special mitigation), the area of punishment not subject to punishment (including serious efforts to recover damage), or where considerable damage has been recovered, the scope of sentence comparison between the applicable sentencing and the recommended sentencing: One year and six months (decision of sentencing] and one year and six months (decision of sentencing) shall be determined within the scope of one year and six months, and the execution of the sentence shall be postponed for a certain period in consideration of agreed points, etc.