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(영문) 수원지방법원 안양지원 2015.12.17 2015고단1596
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 03:20 on September 12, 2015, the Defendant drunkd the victim E (the aged 29) at the 1st place of “D” underground in Ansan-si, Ansan-si, with no special reason, and, without any special reason, set off the victim’s her her her her her her her her her her her her her her her her her her her her her her her, pushed off the beer’s her her her her her her her her her her her her her her her her with his her her her her her her her her

Summary of Evidence

1. Defendant's legal statement;

1. A E-document;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

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. Grounds for sentencing under Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;

1. Scope of recommendations: Imprisonment with prison labor for not less than one year and six months to two years and six months;

(a) mitigated area (one year and six months to two years and six months);

(b) Where punishment not for special mitigation (including serious efforts to recover damage) or considerable partial damage has been recovered;

2. The sentence shall be determined as per the order, taking into account the following factors: (a) the degree of injury of the victim who was sentenced to the sentence is not much serious; (b) the Defendant has no criminal power; (c) the Defendant has committed any offence; and (d) his/her mistake is seriously against his/her will; and (e) the Defendant’s family relation, age

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