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(영문) 수원지방법원 안산지원 2015.07.15 2012고단216
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

At around 22:30 on October 27, 201, the Defendant: (a) sent the victim’s face and head to the victim E (year 36, China) on the ground that the victim E (person aged 16, China) would be bad, and (b) collected food knife (15 cm) that is a dangerous object in the main room of the above public notice board, and (c) taken the victim’s face to the victim on the ground that the victim E (person aged 36, China) would be bad.

When carrying dangerous objects as above, the Defendant carried the victim with himself, and caused the victim to scambling, etc. in the right-hand eye and snow area requiring treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

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

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 (the point of inflicting an injury on a dangerous object);

1. Discretionary mitigation (The favorable circumstances examined in the following sentencing grounds) Articles 53 and 55(1)3 of the Criminal Act

1. Article 62(1) of the Criminal Act, which is favorable to the reasons for suspended execution (the following consideration):

1. The sentencing reasons in Article 62-2 of the Probation Criminal Act reflects the defendant's mistake, and the victim has paid some of the amount under the name of treatment expenses, and the victim's damage suffered from the crime of this case is relatively minor, etc. shall be determined by taking into consideration the favorable circumstances indicated in the records of this case.

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