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(영문) 수원지방법원 안산지원 2014.12.02 2014고단2314
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 24, 2014, the Defendant: (a) around 20:10 on May 24, 2014, on the ground that, “D” located in Ansan-si, Sinsan-si, the victim E, who is under his age, was to go against himself, and was to go against himself; (b) on the part of the victim, the shoulder-in disease, which is a dangerous object, was to display the shoulder-in disease, which is a dangerous object, and put the victim’s left part, the left part, the left part, etc. over the left part of the treatment days to the extent of 5cm in length.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Police suspect interrogation protocol regarding F;

1. Statement to E by the police;

1. A copy of medical records;

1. Application of statutes on site 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;

1. Article 62 (1) of the Criminal Act;

1. The defendant shall be punished strictly in light of the following: (a) the fact that the defendant inflicts an injury on the victim due to a shoulder main illness, which is an object dangerous to the reasons for sentencing in Article 62-2 of the Probation Criminal Act; (b) the extent of the injury was three; and (c) the defendant has long been punished for an injury, but the previous records of the fact that the defendant can have long been punished for an injury;

However, the above punishment shall be determined according to the sentencing guidelines in consideration of all the circumstances indicated in the record, such as the confession of the defendant and the reflectiveness of the crime, the original agreement with the victim that the defendant does not want the punishment for the defendant, and the family members who should support the defendant.

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