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(영문) 수원지방법원 안산지원 2013.07.18 2013고단1209
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 December 6, 2012, the Defendant was sentenced to a fine of KRW 700,00 for an injury by the Incheon District Court on three occasions.

On May 21, 2013, the Defendant: (a) around 21:30 on May 21, 2013, at the D restaurant located in Silung-si C, and (b) performed the victim E (the 52 years of age) and alcohol, and (c) during the conversation on the company’s business, the victim called “poppy Dop,” and (d) the victim’s head head, who was a dangerous object on the table, was at the price of the victim’s head on one occasion, and had the victim’s head on the part of the number of days of treatment.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Each investigation report, on-site photographs;

1. Application of statutes to inquiries about criminal records, etc.;

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 (Article 55 (1) of the Criminal Act (Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 of the Criminal Act appears to have committed the crime of this case in a state of discretionary mitigation,

1. Article 62 (1) of the Criminal Act (Article 62 (1) of the suspended sentence (Article 62 (1) of the Criminal Act (Article 62 (1) may be attached to the defendant, and the method and result of the crime in this case are very heavy enough to commit the crime). However, there is no criminal conviction or heavier than the suspended sentence, and the defendant has been agreed with the victim, and the defendant has been repented in depth of his mistake, his social relationship is clear, the detention of the defendant entails excessive difficulty to his family members, and all other circumstances, such as the motive and circumstance of the crime in this case, relationship between the defendant and the victim, the relationship between the defendant and the victim, the age

1. It is so decided as per Disposition on the grounds of Article 62-2 or more of the Criminal Act;

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