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(영문) 수원지방법원 안산지원 2014.01.21 2013고단2849

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

At around 01:00 on August 19, 2013, the Defendant: (a) while gambling with a 'D' office in Mad' in Mani-si, the Defendant inflicted on the victim E (50 years of age) and Si expenses; (b) the face and chest part of the victim as a head of the 'D' office in Mani-si; (c) the Defendant sent the suspect, who is a dangerous object in the office, caused two weeks of medical treatment to the victim; and (d) the Defendant inflicted on the victim, upon the head of the 'D' office in Mai-si, two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Third and fourth police suspect interrogation protocol of the accused;

1. Each police statement of E and F;

1. A written diagnosis of injury;

1. Application of the Acts and subordinate statutes to photographs of the suspect who is represented by the suspect;

1. Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act concerning facts constituting an offense, and Article 257 (1) of the Criminal Act (the point of inflicting an injury on a dangerous object);

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. It is so decided as per Disposition by the assent of all participating Justices on the following grounds: (a) the reason for sentencing under Article 62(1) of the Criminal Act is against the defendant; (b) the victim does not wish to punish; and (c) the victim does not have any