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(영문) 수원지방법원 안산지원 2014.10.21 2014고단920

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 became final and conclusive.

Reasons

Punishment of the crime

At around 06:00 on March 05, 2014, the Defendant: (a) known that the victim E (29 years of age) who is an employee of the Defendant was desireing to take care of the Defendant; (b) told the Victim E (29 years of age) to sit back on the side; and (c) wanted the victim to take care of the victim, the Defendant left the beer’s disease on the table, which was on the table of the table, and then laid down the beer’s disease on the table, which is a dangerous object, and then put the victim at the left bar for approximately two weeks of treatment in the part of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement to E by the police;

1. A written diagnosis of injury;

1. Application of statutes on site photographs;

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. 집행유예 형법 제62조 제1항 양형의 이유 이 사건 범행은 깨진 맥주병을 휘둘러 피해자에게 상해를 가한 것으로 범행 수법 및 피해 정도(길이 5cm , 깊이 0.6cm 의 열상으로 30바늘을 꿰맴)에 비추어 볼 때 죄질이 매우 불량한 점, 피고인이 비록 벌금형이기는 하지만 폭행 및 상해의 동종범죄로 처벌받은 전력이 4차례에 이르는 점에 비추어 피고인을 엄벌하여야

b. However, the sentencing guidelines should be set in consideration of the following circumstances: (a) the Defendant has led to the confession of all crimes and reflects against the Defendant; and (b) the victim does not want the punishment of the Defendant because the victim agreed smoothly with the victim after the closure of pleadings; (c) the age, character and conduct, environment of the Defendant; (d) the motive and circumstance leading the Defendant to the instant crime; (e) the means and consequence; (e) the conditions before