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(영문) 수원지방법원 2015.02.04 2014고단7047
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

At around 20:40 on October 2, 2014, the Defendant, while drinking alcohol at the main station located in Suwon-gu, Suwon-si C, Suwon-si, had the victim D, under the influence of alcohol, and had the victim’s head part, etc. as the victim’s driver, etc. three times in number, and had the victim’s head, etc. on the right side in need of approximately three weeks of treatment.

In this way, the defendant carried dangerous articles and inflicted an injury on the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding E;

1. Each police statement made to D or F;

1. Each photograph;

1. Application of Acts and subordinate statutes of the injury diagnosis 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution [Punishment] The grounds for sentencing under Article 62(1) of the Criminal Act - Types 1 [Special Convicts] mitigated element for special injury by violent crime group - Where the victim is fully responsible for the occurrence of a crime [the scope of territory and recommendation] mitigated area] - The mitigation element of imprisonment from one year and six months to two years and six months [the general person] mitigated element of criminal punishment [the decision of sentence] - 2 years of suspended execution of one year and six months - the above sentencing person and the defendant made efforts to recover damage, such as deposit for the victim, etc.

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