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(영문) 수원지방법원 2015.08.20 2015고단2605
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 June 9, 2015, the Defendant: (a) around 22:10, at the D restaurant located in Suwon-gu, Suwon-si C, performed drinking with the victim E (the age of 49) who was the next to that time while drinking alcohol together with the victim’s desire. (b) When the victim’s face was drinking, the Defendant sent the victim’s knife knife (the knife length of 22 cm) with the victim’s knife, which is a dangerous object in the restaurant located in the restaurant, the victim’s face at a time.

Summary of Evidence

1. Partial statement of the defendant;

1. Police suspect interrogation protocol regarding E;

1. Application of the Acts and subordinate statutes to photographs of damaged parts;

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. Reasons for sentencing under Article 62-2 (1) of the Criminal Act, the main sentence of Article 59 (1) of the Act on Probation, etc. [Scope of Recommendation] Where the mitigation area (one year and six months to two years and six months), the mitigated area (special mitigation), the punishment not to be imposed (including serious efforts to recover damage), or considerable damage has been restored [decision of sentence] one year and six months, the suspension of execution of two years (the fact that the defendant reflects the defendant, the fact that the defendant agrees with the victim, the fact that the defendant has no criminal record other than the punishment of this fine)

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