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(영문) 수원지방법원 성남지원 2014.11.06 2014고단2342

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

Criminal facts

On August 31, 2014, at around 16:35, the Defendant: “D” located in Seongbuk-gu A, Sungnam-si, the victim E (the age of 47) and one stop, together with a stop, committed a fraudulent act to cut the bottom of the stop; and the victim’s s top the stop only stop. s top. s top. s top. s. s. s. s. s. s. s. s. s. s. s. s. s. s. s. s. s. s. s. s. s. s. s. s. s. s. s. s. s. s. s. s. s. s. s. s. s. s. s. s. s. s. s. s. s. s. s.).

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding E;

1. Application of the Acts and subordinate statutes on damaged parts, on-site photographs, small net photographs, and damaged part 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 (see, e.g., the following reasons for sentencing):

1. Article 62(1) of the Criminal Act (see, e.g., “the grounds for suspended sentence”)

1. The reasons for sentencing under Article 62-2 of the Criminal Code of the Probation and Social Service Order include: (a) the Defendant was carrying the hand-over, which is a dangerous object, leading to the instant crime; (b) the number of offenses of the same kind has been punished several times; and (c) the previous convictions are two times; (d) on the other hand, there are other favorable circumstances, such as the following: (a) the victim was a contingent crime; (b) the victim was not severe; (c) the victim was not punished against the Defendant; and (d) the victim did not recognize and reflect the mistake; and (d) other favorable conditions for sentencing, such as the Defendant’s age, character