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(영문) 수원지방법원 2015.05.07 2015고단543
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 January 21, 2015, at around 14:27, the Defendant’s 14:27, called the “Dda bank” on the first floor of Suwon-si, Suwon-si, Suwon-si, on the ground that the victim E (the age of 49) neglected himself/herself, boomed the glass cup, which was a dangerous object in the table, and got the victim into the part of the victim’s head.

As a result, the defendant carried dangerous objects with the victim about two weeks of treatment, which requires two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. E police statement;

1. A report on investigation;

1. Application of Acts and subordinate statutes of a medical certificate;

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 (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. Reasons for sentencing under Article 62-2 (1) of the Criminal Act of probation and community service order, the main sentence of Article 59 (1) of the Act on Probation, Etc. [the range of recommending punishment] There is no basic area (two to four years) (two-four years) of the type (two-year) of habitual injury, repeated crime, special injury (a habitual injury, repeated crime, and special injury) [the decision of sentencing] [the decision of sentencing] one year and six months of imprisonment, the suspension of execution two years (the degree of damage suffered by a victim and the fact that a defendant deposits part of money for a victim], and the decision of sentencing guidelines is sentenced lower than the recommended sentence range, comprehensively taking into account all the circumstances;

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