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(영문) 수원지방법원 안산지원 2014.10.22 2014고단1796

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

On July 14:50 on July 14, 2014, the Defendant, while drunk, took the face of the victim D(the age of 45) twice in drinking, without any special reason, at the Dong-gu C apartment complex 13-gu, Ansan-si, Ansan-si without any justifiable reason. The Defendant, under the influence of alcohol, carried with the victim the damaged part of the victim’s left snow side of the victim’s left snow, carried a dangerous object, carried with the victim, and carried with the victim a flag, and carried with the dangerous object.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of police suspect regarding D;

1. Application of Acts and subordinate statutes of internal investigation reports and investigation reports (No. 8 of the evidence list);

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. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 2007Da15488, Apr. 1, 2007)

1. Article 62 (1) of the Criminal Act on the suspension of execution (Discretionary considered in discretionary mitigation);

1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc. of Social Service Orders;