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(영문) 수원지방법원 2013.05.30 2013고단1093
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 00:50 on March 9, 2013, the Defendant, while drunkly drinking the victim E (year 44) and drinking alcohol, who is a workplace partner in Suwon-gu, Suwon-si, Suwon-si, the Defendant: (a) bread the victim’s head one time by blicking the victim’s head; (b) blicking the victim’s head at one time, which is a dangerous object on the blicker; and (c) click’s head at one time to the extent that the victim’s head cannot be identified; and (d) click’s head at around 3 centimeters, the victim’s head at one time, which is a dangerous object, was the victim’s head.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. A written statement;

1. Application of Acts and subordinate statutes to the site and photographs of victims;

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. Mitigation of discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act (The following extenuating circumstances among the favorable reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the sentencing grounds):

1. The nature of the crime is not good in that the defendant inflicts a bodily injury upon the victim's head when he/she was faced with dangerous articles for the reason of sentencing under Article 62-2 of the Social Service Order Criminal Act. However, considering the fact that the defendant recognized the crime of this case and reflects the crime of this case, the defendant did not have any criminal record in addition to the fine sentenced in 191, and the victim did not want the punishment of the defendant, the punishment shall be determined as per the order.

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