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(영문) 수원지방법원 여주지원 2014.09.01 2014고단535

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

The defendant is a person who engages in daily work and is a four-year-old group of victims C(49 years of age).

On July 6, 2014, the Defendant: (a) around 23:00 on July 6, 2014, the Defendant: (b) at the Defendant’s dwelling room located in the Dong 301-dong D Building B, the Defendant demanded that the victim and the scam would talk with the country where the victim and the scam will bring about the bruous World Cup forecast; (c) but (d) on the ground that the Defendant continued to talk with the country where the victim and the scam would suffer from the scam and scam, the Defendant left the part of the victim’s left-hand head, which is a dangerous object on the breabed boom, and caused the victim to suffer from the number of days of treatment.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of statutes on site and victim 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. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation ( considered that the injured party is not subject to the punishment of the accused);

1. Article 62 (1) of the Criminal Act;

1. The reason for the sentencing of Article 62-2 of the Criminal Act on the order to provide community service and attend lectures [the scope of recommending punishment] the case where the mitigated area (including a person who has been specially mitigated), the punishment or non-exclusive measure (including a serious effort to recover damage), or considerable partial damage has been restored (the decision of a sentence] (the decision of a sentence] and the case where the accused commits an injury to the victim with dangerous articles and the case where the accused has a number of criminal records of violence, etc. is taken into account.

Provided, That the decision shall be made as per Disposition in consideration of the fact that the defendant has led to an offense and reflected, and the victim has not been punished.