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(영문) 수원지방법원 성남지원 2013.12.19 2013고단2042

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 21:30 on July 16, 2013, the Defendant got phone from the victim E (Nam, 46 years of age) and found it as a matter of opening and reporting a gambling room, and opened it to fit the victim’s inside part of the body where the victim took pop-up pop-up and takes a bath in the dispute with the victim. The Defendant got face to be a beer's disease, which is a dangerous object on the table, and taken the face to be a beer's face, which is a dangerous object on the table. At around 90cc in length, the Defendant sawd the parts of the victim's clothes, and stroked the victim's head part requiring approximately 3 weeks medical treatment.

Summary of Evidence

1. Legal statement of witness E;

1. A victim E-damage photograph;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes governing certificates of medical records;

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. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., the points agreed with the victim and the points that the defendant's health is not good);

1. Probation under Article 62-2 of the Criminal Act;