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(영문) 수원지방법원 2013.07.24 2013고단2361

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

except that 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 08:00 on April 24, 2013, the Defendant is a foreigner of Chinese nationality, and around 08:0, the Defendant pointed out the Defendant’s unsound attitude in the “(State) D” located in the work site, and described the Defendant’s bad attitude by the victim E (the age of 62) who is the head of the work group at once, and took the Defendant’s inner part of the Defendant’s inner part by hand on the ground of the hack pipe (the length, 40cm in diameter, 20cm in diameter) which is a dangerous object used in his hand, and put the victim’s inner part of the victim’s inner part one time at approximately three weeks in the left-hand visual part in need of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to police interrogation protocol concerning E;

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (including the fact that an agreement is made with the victim and the fact that it appears to be a contingent crime);

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary mitigation)