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(영문) 수원지방법원 평택지원 2013.11.13 2013고단1215
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 21:30 on April 24, 2013, the Defendant brought about a dispute with the workplace fellows while drinking together with the workplace fellows at Djus located in Gunsan-si C.

Accordingly, the Defendant collected beer’s disease, which is a dangerous object on the table, from the table table, to the victim E (the age of 32) who was on the table table, and caused the victim’s damage to the character and strawing, which requires approximately two weeks of treatment.

Accordingly, the defendant carried a beer, which is a dangerous thing, and inflicted an injury on the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. A medical certificate;

1. Application of statutes on site photographs;

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. Article 62 (1) of the Criminal Act;

1. The crime of this case on the grounds of sentencing in Article 62-2 of the Probation Criminal Act is a case where the defendant inflicts an injury on the victim with dangerous articles, and the nature of the crime and the liability for the crime are minor.

In that it can not be said that the defendant should be punished strictly, but the defendant's punishment should be determined as ordered in consideration of various sentencing conditions shown in the record, such as the fact that the defendant acknowledges and reflects the crime, that the victim does not want the punishment of the defendant, and that the victim does not limit the degree of injury to the victim, and that probation is also ordered to prevent recidivism.

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