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(영문) 수원지방법원 안산지원 2015.09.23 2015고단2249
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for two years.

except that the execution of the above sentence shall be suspended for four years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On July 18, 2015, at around 03:49, the Defendant: (a) considered the victim E while drinking alcohol together with the victim E before the D convenience store located in Ansan-si, Sinsan-si; (b) considered the victim as a bad person; and (c) was a beer disease, which is a dangerous object on his/her customer, making the victim a single stop, leading the victim to the head of the victim; and (d) took two-day open measures that require approximately two-day medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A written statement;

1. Field photographs, etc.;

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

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Type I (Habitual Injury, Bodi Bodily Injury, Bodily Injury) of the basic area (two to four years) (no special person) of the recommended range of punishment;

2. Normal circumstances favorable to the decision of sentence: The name and behavior of the defendant, the circumstances leading to the instant crime, the circumstances after the commission of the crime, etc. are against the latter: The bad character of the crime, the injury has not been recovered, and other circumstances.

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