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수원지방법원 2014.10.30 2014고단4477
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

except that 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

On August 12, 2014, the Defendant: (a) around 00:30 on August 12, 2014, the victim E (the age of 44) who was a manager at the D’s age club in Suwon-gu, Suwon-gu, Suwon-si, was a beer who was a dangerous object on his table on the ground that the Defendant would restrain fighting between the Defendant and other customers, and the victim’s face cannot be known at the time of two times.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement to E by the police;

1. Photographs;

1. Application of Acts and subordinate statutes to investigation reports (Evidence List 6);

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. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of recommending punishment] The sentence shall be prescribed as the disposition of the same order in consideration of all the various sentencing conditions, including the following: (a) the mitigated area (one year and six months to two years), the mitigated area (including a person who has been specially mitigated), the penalty not (including a serious effort to recover from damage), or the recovery of considerable damage (the decision of sentencing] where there is no history of punishment imposed by a defendant exceeding a fine; (b) the victim does not want to be punished by a defendant; and (c) the victim does not want to be punished by a defendant;