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(영문) 수원지방법원 평택지원 2013.03.14 2012고단1517
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 became final and conclusive.

Reasons

Punishment of the crime

Around 22:50 on August 9, 2012, the Defendant: (a) faced with beer and beer, which are dangerous objects to the victim, for the reason that the victim D was involved in a conversation, and suffered injury, such as a slurry slurry, which requires treatment for about five weeks, to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The crime of this case on the grounds of sentencing under Article 62(1) of the Criminal Act is a case where the Defendant, at the alcohol house, inflicted an injury on a female employee, due to beer’s disease, etc., which is a dangerous thing for the victim, and the method and result of the crime, etc. are not provided against the punishment of the crime.

However, in consideration of various factors of sentencing, such as the fact that the defendant recognized the crime and misunderstanding is divided, that the defendant agreed smoothly with the victim, and that the defendant has no criminal record exceeding the fine, the punishment shall be determined through discretionary mitigation of the statutory punishment and the suspension of execution shall be sentenced.

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