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(영문) 수원지방법원 여주지원 2015.07.22 2015고단539

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

At around 20:30 on June 15, 2015, the Defendant collected the victim E (year 52) and drinked the victim E (year 52) who works for day duty at the same manpower office located in Yangyang-gun C, and the victim under the age of drinking and drinking, who is a dangerous object on the floor of the chemical due to the reason that the victim would make a speech to the defendant, and that he would take a bath to the employees, and flick the victim's head once, and followed the part of the victim's face one time.

Accordingly, the defendant carried dangerous things and put the victim into a medical treatment days so that the victim was suffering from an infinite heat.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Application of Acts and subordinate statutes on photographs of damaged parts;

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. Article 62 (1) of the Criminal Act;

1. The reason for the sentencing of Article 62-2 of the Criminal Act on Probation [Scope of Recommendation] In light of the following: (a) type 1 (Habitual Injury, Bodi Bodi Bodi Bodi Bodi Bodily Injury and Special Bodi Bodily Injury) (1 year and six months), the mitigated area (1 year and six months), the mitigated area (including a person who has been specially mitigated), the punishment is not imposed (including a serious effort to recover damage), or considerable damage has been recovered (a decision of a sentence] the case where the defendant inflicts an injury on a victim by using a fluor’s disease, which is a dangerous object on the ground that he/she does not hear his/her horse, which has the same power as the case of having been sentenced two times as an act of violence in addition to the case of having been sentenced two times of punishment, and the fact that there is a great risk of committing

However, in consideration of the reasons for sentencing prescribed in Article 51 of the Criminal Act, such as the agreement with the victim, the confession and reflection of the defendant, etc., the sentence shall be made as per the order.