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(영문) 수원지방법원 2014.06.18 2014고단664

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

At around 18:20 on January 23, 2014, the Defendant, at the home of the victim D (33 years of age) in Suwon-gu, Suwon-si C, and was under drinking together with the victim, on the ground that the Defendant resisted against the victim’s her parents to take a bath about the victim’s parents, the Defendant was at the time of the victim’s head part one time and the face part of the victim’s face was considered to be drinking.

In this way, the defendant carried dangerous objects and carried them with two heats where the number of days of treatment can not be known to the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of witness D;

1. Each police interrogation protocol on the accused and D;

1. Application of each statute on 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. Reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution [Type of Crimes] Sentencing 62(1) of the Act on the Suspension of Execution - The elements for mitigation of punishment [the scope of territory and recommendation] - the area of mitigation of punishment [the general person] range of mitigation from 1 year and 6 months to 2 years and 6 months of imprisonment [the general person] mitigation element - None of criminal punishment [the decision of sentence] 2 years of suspended execution in 1 year and 6 months - the above sentencing factor and the defendant seems to result in any contingent crime of this case by drinking with the victim and drinking with the victim, considering all the circumstances.