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(영문) 수원지방법원 성남지원 2014.11.06 2014고단2293
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

Criminal facts

On June 13, 2014, at around 01:00, the Defendant, together with the victim E (the age of 39) who performed drinking at a bar located in Sungnam-si A, had the head of the victim two times due to an empty beer’s disease, which is a dangerous article on the table, and had the victim’s head not known of the number of days of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to damaged photographs (E);

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 (see, e.g., the following reasons for sentencing):

1. Article 62(1) of the Criminal Act (see, e.g., Reasons for sentencing)

1. The reason for sentencing under Article 62-2 of the Criminal Act of the community service order is not good, but the degree of injury inflicted on the victim on the other hand is not much serious, contingent crimes are not contingent, the victim is not punishable against the defendant, the primary offender is the first offender, and the defendant's age, character and conduct, and environment are considered as a whole, and the execution of the sentence is appropriate to be suspended on condition of the implementation of the community service order.

The punishment shall be determined as per the order of the court.

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