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(영문) 수원지방법원 2016.02.24 2015고단6192
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On November 18, 2015, at around 00:50, the Defendant: (a) was faced with a hallway in Suwon-gu C building, and (b) was faced with E and shoulders of the victim D (33 tax) on the ground that the Defendant was faced with a shoulder; (c) the Defendant was sprinked and pusheded with the breath; (d) the victim was sprinked; (d) the victim was spicked; and (e) the spick, which is a dangerous object in the corridor in the hallway at the place, caused the Defendant’s injury to the victim, such as two heats, which require treatment for about 14 days.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspect of the police against D or E;

1. A written statement;

1. Statement of opinion;

1. Application of statutes on field photographs;

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. The reason for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act was to inflict bodily injury upon the victim's head by beer disease, which is a dangerous object. In light of the tools and methods of the crime, etc., unfavorable circumstances such as the fact that the defendant and the victim have considerable risks in light of each other, the crime of this case was committed in the course of dispute between the defendant and the victim, that the defendant agreed smoothly with the victim, and that the defendant has no other record of punishment other than the victim's previous conviction and one time, etc., shall be sentenced as the sentence of this case by taking into account other circumstances such as records and changes

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