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(영문) 수원지방법원 안양지원 2015.05.21 2015고단211
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

Around 01:20 on January 25, 2015, the Defendant, while drinking alcohol together with the victim E (the age of 54) at the main point located in Ansan-gu, Annyang-si, Annyang-si, Annyang-si, the Defendant: (a) went through drinking together with the victim E (the age of 54); (b) was a trial cost for the victim to divide the drinking value that the victim intended to calculate; (c) was a beer, which was a dangerous object on his/her customer; and (d) caused injury to the victim, i.e., two skins in need of medical treatment for about 15 days, by taking the head part

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A written diagnosis of injury;

1. Evidence photographs;

1. Application of Acts and subordinate statutes to report on investigation (F Telephone Investigation for Witnesses);

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. Reasons 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. Although the defendant who was sentenced to punishment had been sentenced several times of punishment by violence, etc., the crime of this case has been committed, the defendant does not want the punishment of the defendant, the defendant's depth and reflects his mistake, and the conditions of sentencing such as age, character and conduct, environment, etc. shall be determined as ordered by considering the following factors:

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