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(영문) 수원지방법원 2014.01.23 2013고단6180
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

except that 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

At around 01:55 on July 24, 2013, the Defendant, while drinking alcohol at the D main points located in the C-1st of Osan City, 01:55, the Defendant: (a) discharged beer disease, which is a dangerous object from other table 57 years of age, to the victim E (57 years of age); (b) discharged beer disease, which is a dangerous object from other table 57 years of age, to the face of the victim E; and (c) discharged beer disease, which is a dangerous object for the Defendant to the victim F (53 years of age) ; (d) caused beer disease to face the wall; and (e) continuously caused the beer disease to fit for the vegetable loss of the victim E; and (e) continued to undergo approximately 14 days of treatment, and (e) caused the victim’s injury to the victim E, such as thump and typump, which requires treatment for about 14 days, for which treatment of approximately 14 days is necessary.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement of the E, F, and G;

1. Application of Acts and subordinate statutes of each injury diagnosis letter;

1. Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act concerning facts constituting an offense, and Article 257 (1) of the Criminal Act;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. In light of various circumstances, such as the circumstance of the instant crime, the means, and the Defendant’s act before and after the crime, etc., acknowledged by the evidence mentioned above, as to the defense counsel’s defection or mental and physical disability claim under Article 62(1) of the Criminal Act (including the fact that the victim was not injured and the victims did not want the Defendant’s punishment), there was no ability or ability to make a decision on the ability to discern things under the influence of alcohol at the time

The defense counsel's above assertion cannot be accepted as it seems to be in a state or weak condition.

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