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(영문) 수원지방법원 2013.07.12 2013고단819

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

Criminal facts

At around 01:00 on February 21, 2013, the Defendant stated that “The Defendant 1 was a body of body with the people in the near E apartment stude in front of the building where the victim D (the age of 31) was fluorcing from the front corner of the building located in the wife population C, and she was fluorcing to the victim, and she was fluoring the victim with a dangerous thing near the mind that the victim would inflict an injury on the victim (the age of 31).”

The Defendant continuously carried the victim's studio in the instant singing room, which he had been carrying the victim's studio in order to keep the victim fright, and carried the part of the victim's left hand, etc. to prevent it.

Accordingly, the defendant carried a dangerous article with a stone and put the left-hand side of the victim in need of treatment for two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of witness D;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes concerning photographic images;

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., the fact that the criminal defendant repents his/her wrong mistake, that he/she agreed with the criminal victim, and that he/she does not heavy injury to the victim);

1. Article 62 (1) of the Criminal Act on the suspension of execution (the repeated consideration of the favorable circumstances in the preceding);

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