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(영문) 수원지방법원 2015.01.12 2014고단4295

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

A defendant shall be punished by imprisonment for three years.

Provided, That the execution of the above punishment shall be suspended for four years from the date the above judgment becomes final.

Reasons

Punishment of the crime

At around 23:45 on August 9, 2014, the Defendant, at an entertainment tavern D5 times in Suwon-si, Suwon-si, had a alcohol with the victim E (Nam, 41 years of age) and had talked about the problem of main operation, and had it talked about about the failure of finance from the victim, the Defendant, at around 21 days following the victim's back, 4 times the number of back water of the victim, 10 times through drinking, 10 times through drinking, 10 times through drinking water, 21 days after the victim's face.

Summary of Evidence

1. Statement to E by the police;

1. A written statement;

1. photographs and on-site photographs of each damage;

1. A written diagnosis of injury;

1. Present presence of seized aluminium aluminium wire-shields (Evidence No. 1);

1. Application of the Acts and subordinate statutes for investigation reporting;

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. Article 62 (1) of the Criminal Act;

1. Probation and community service order under Article 62-2 of the Criminal Act;

1. Reasons for sentencing under Article 48(1)1 of the Confiscation Criminal Act / [the scope of recommending punishment] Article 48(1)1 of the Act on the Punishment of Specific Injury (the scope of recommending punishment / [3 to 5 years] the aggravated area (the person subject to special mitigation / [including a serious effort to recover damage] / The motive for committing a crime, the applicable sentences of the cruel Criminal Act and the recommended sentences: Three to five years (the decision of sentencing] considering the fact that the victim is not punished against the accused, the punishment for the accused shall be determined to be three years within the recommended sentences set forth in the sentencing guidelines, and the execution of the sentence shall be suspended for a certain period of time.