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(영문) 수원지방법원 평택지원 2016.02.04 2015고단1777

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On October 28, 2015, at the defendant's house located in Ansan City C building 303, the defendant performed drinking together with D (56) who is a workplace club E, and the victim was abused from another workplace club E, and reported it to the police. Accordingly, the defendant caused a dispute with the victim, and caused the dispute with the victim's face and head, and the victim's face and head cannot be identified when the victim's face and head cannot be identified.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the suspect against the accused (including a cross-examination);

1. Application of photographs and Acts and subordinate statutes governing the handling of reported cases immediately after the victim's damage to D;

1. Since the provisions of the former Punishment of Violences, etc. Act, which is applied by the prosecutor at the time of public prosecution under Articles 258-2(1) and 257(1) of the Criminal Act regarding criminal facts, was deleted in accordance with reflective consideration, Article 258-2(1) of the Criminal Act shall be applied.

1. In light of the circumstances indicated in the record, such as the age of the defendant, relationship with the victim, etc., considering the fact that the defendant for sentencing under Article 62(1) of the Criminal Act was committed for the reason of the suspension of execution, the victim is not subject to the punishment of the defendant, the defendant is not subject to the punishment, and the defendant has no previous conviction exceeding the fine between the last ten years, and the punishment shall be determined as ordered in light

It is so decided as per Disposition for the above reasons.