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(영문) 수원지방법원 성남지원 2013.12.13 2013고단2323
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 September 15, 2013, the Defendant: (a) around 21:55 on September 21, 2013, 2013, on the ground that service is not good in E-place 6 rooms in the E-place of operation of the 2nd floor in Seongbuk-gu, Seongbuk-si, Sungnam-si, the Defendant sawd the victim, and was drinking, which is a dangerous object in the face of the victim, one time at one time and one time in the face of the victim; and (b) when the victim’s face is taken by drinking, the Defendant laid the back part of the victim at one time and took part in the face of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to photographs damaged;

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. Probation and community service order Article 62-2 of the Criminal Act does not mean that the nature of the crime of this case where the defendant inflicts bodily injury on the victim due to beer disease does not correspond, and the defendant has been sentenced one time to imprisonment for violent crime, one time to suspend the execution, and several times to a fine, but the defendant has been sentenced several times to a fine, in consideration of the fact that the defendant is committed by committing the crime, and the victim does not want the punishment against the defendant, the punishment as ordered shall be determined.

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