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(영문) 수원지방법원 여주지원 2015.02.06 2014고단1033
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

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

Reasons

Punishment of the crime

On December 26, 2014, the Defendant was sentenced to imprisonment with labor for one year for a violation of the Game Industry Promotion Act at the Chungcheong District Court's Chungcheong District Court's Chungcheong Branch's Support, and the suspended sentence was finalized on January 3, 2015.

The defendant is between the victim C (the age of 45) and the NAN line.

At around 02:00 on October 5, 2014, the Defendant called “Eju” located in Ischeon-si, Ethacheon-si, Gyeonggi-do, that the victim was sleeped at the shop, and said, the victim was sleeped to “I will see it.” However, the victim slicked the Defendant, while booming the Defendant, and slicker, which was a dangerous object on the table, was 3:4 meters away from the face of the victim, caused the victim to face about two weeks of treatment, and caused the victim to face about two weeks of treatment, and there was an open room for other parts and several parts.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A general medical certificate for C;

1. Photographs of the injured part of the victim;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to criminal records and investigation reports;

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. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is that the defendant does not want the punishment of the defendant by mutual consent with the victim in this case, and the confession and reflects of the crime of this case are favorable to the defendant. However, in light of the circumstances favorable to the defendant, the defendant, who had the same kind of power in this case, was faced with beer's disease and inflicted an injury on the victim, the victim got a considerable amount of salary operation due to the injury on the face of the victim, and even if there remain no prosecution, it is inevitable to impose a serious criminal punishment against the defendant.

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