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(영문) 수원지방법원 안산지원 2014.04.22 2013고단3139
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 07:50 on August 2, 2013, the Defendant: (a) 2, the second floor “D” house of the C building in Silung City; (b) performed drinking with the victim E (the 43 years of age) who is a business owner; and (c) made a conversation with the Defendant’s female-friendly Gu, the Defendant suffered injury, such as the left-hand side and the left-hand side of the victim, by putting the victim’s sexual crogate defective; and (d) having the beer’s disease, which is a dangerous object on the customer’s left-hand side, caused an injury to the victim for about three weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning E and F;

1. On-site and victim photographs;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Articles 3 (1) and 2 (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes, Article 257 (1) of the Criminal Act (the point of an injury by carrying a deadly weapon), Article 257 (1) of the Criminal Act;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation ( considered circumstances, etc. of the instant crime);

1. Article 62 (1) of the Criminal Act on the stay of execution (Consideration of the fact that the defendant is against the defendant, the fact that the defendant agreed smoothly with the victim, and the fact that the same kind of punishment has no record of punishment);

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