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(영문) 수원지방법원 안산지원 2013.05.14 2013고단480
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 01:30 on January 7, 2013, the Defendant, while drinking alcohol together with the victim D(59 years of age, south), E, etc. at the residence of the Defendant in Ansan-si, Ansan-si, 201, suffered injury to the right side side, the right side side, the right side side, etc. requiring the victim to be treated for approximately three weeks, in consideration of the fact that the said victim was dissatisfied with E while drinking alcohol, and that he continued drinking, notwithstanding the fact that the said victim did not dispute with E, and that he meted the victim, he was a dangerous thing (32 centimeters in total length).

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement made to D by the police;

1. A written diagnosis of injury;

1. Application of the case-related photograph and the Acts and subordinate statutes of photograph of the criminal implements;

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

1. Article 62 (1) of the Criminal Act, Article 60 (3) of the Juvenile Act;

1. It shall be determined as per the disposition for the above reasons, such as the fact that the defendant is against the reason for sentencing under Article 62-2 of the Social Service Order Act, the fact that there is no criminal record exceeding the fine, the degree of injury of the victim, and the defendant's deposit part of the money

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