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(영문) 수원지방법원 평택지원 2012.12.27 2012고단1298
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

On October 20, 2012, the Defendant: (a) around 15:30 on October 20, 2012, in the stairs between Pyeongtaek-si apartment 11-9-10 Ra, 11-9-10 Ra, and 2-story, the Defendant inflicted bodily injury on the victim, such as an open body, where the head of the victim was about 20 days, due to the fact that the victim D, his relative, attempted to send himself to a mental hospital.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made to D by the police;

1. A medical certificate;

1. Application of Acts and subordinate statutes to criminal tools, photographs of victims, and field photographs;

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 with the reason for sentencing under Article 62(1) of the Criminal Act is a case where the defendant inflicts bodily injury on the victim, who is a dangerous object, and the method and circumstance of the crime, and the degree of damage of the victim, etc. are not less exceptionally applied to the crime of this case.

However, the suspension of execution shall be sentenced through discretionary mitigation of statutory punishment, taking into account various factors of sentencing, such as the fact that the defendant recognizes the crime as a substitute and repents the mistake, the victim does not want the punishment of the defendant who is the same living together, the defendant's misunderstanding of the words of the victim who is living together, and the fact that the defendant does not have any criminal record at all, etc.

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