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(영문) 수원지방법원 2016.03.23 2015고단5520

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 20, 2015, at the main point of "D" located in Suwon-si C and 1, the Defendant: (a) and three victims E (53 taxes) who were aware of labor in Suwon-si, Suwon-si; and (b) who were under drinking alcohol, the Defendant saw the victim’s head one time by gathering an empty beer disease, which is a dangerous object on the table, and the Defendant’s dong fee, the name of which cannot be known, went to the outside of the above restaurant, and went to the outside of the above restaurant, but again, she said that the victim would die and die with the victim, who was fluened by the above restaurant.

As a result, the defendant carried dangerous articles and carried them to show the number of days of treatment to the victim, and the summary of the evidence.

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Investigation report (to listen to the statement in the F phone of a shote);

1. Application of field photographs and photographs of a shoulderer beer, and photographs to injure victims used by the suspect in committing a crime;

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. Article 62 (1) of the Criminal Act on the stay of execution (The consideration of favorable circumstances among the reasons for sentencing);

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act of the community service order (the reason for sentencing is not applicable): An empty beer disease causing bodily injury to the victim, and circumstances in which the necessity of punishment is high in light of the risk thereof: A mistake is divided, and the degree of injury suffered by the victim is very serious;

The punishment shall be determined as ordered in consideration of all the conditions of sentencing, such as the above circumstances and the defendant's age, sex, environment, and circumstances leading to the crime, and the fact that it appears to be a contingent crime, and there was no previous conviction exceeding 30 years.