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(영문) 수원지방법원 2014.12.10 2014고단5491
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 28, 2014, at around 23:00, the Defendant: (a) brought an dispute with the victim D (the age of 56, south) who driven a cab while driving the si in front of the Suwon-gu C building in Suwon-gu, Suwon-si; (b) caused the victim’s chest part by hand by sticking down the brea and bomb, and destroying the victim’s chest part by cutting off the breath; and (c) caused the breath of plastic breath (the 40cm in length, the 10cm in width, and the 5cm in thickness).

In this way, the defendant carried dangerous articles and inflicted injury on the victim, such as cerebral celebry which requires medical treatment for about three weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Each photograph;

1. Bluebbbox CDs;

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 suspended sentence under Article 62(1) of the Criminal Act / [Type of crime] mitigated element of special injury by violent crime group / mitigated element of punishment [limited area and recommended range of punishment] - mitigated area of imprisonment [limited area and recommended range] - 1 year and six months to six months of imprisonment / 2 year and six months of suspended execution of one year and six months of imprisonment / 1 year and six years of suspended execution of one year and six months of imprisonment - The victim does not have to be punished against the defendant, and all the circumstances,

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