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(영문) 수원지방법원 평택지원 2014.07.09 2013고단1495
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for 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

At around 23:00 on May 2, 2013, the Defendant took the attitude that the Defendant was able to live in the victim E (the 28 years of age) and the victim did not speak her respect at the same time as the same company fee, and that he did not speak her. The Defendant took the attitude that he was able to look at the victim’s breath with one hand, which is a dangerous object on the table with other hand, and the Defendant took the attitude that he was her when she was her at the time, on the ground that he did not speak her respect, at the same time as the victim E (the 28 years of age) and the victim was in drinking at the same time. The Defendant took the attitude that he was her at the same time, which is a dangerous object on the floor, and that he was able to take the attitude that the victim was her at the time when he was her with the victim’s face 4 times.

As a result, the Defendant: (a) caused the victim to suffer bodily injury to the victim for about 2 weeks in detail; (b) caused the victim with no open body; and (c) caused the victim to suffer bodily injury to the victim by gathering the small branches of the main organs, which are dangerous objects, and thereby, threatened the victim by making it potable, by taking the attitude that the victim would be at the time.

Summary of Evidence

1. Defendant's legal statement;

1. F legal statement and partial statement of witness E;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes to photographs photographing E at the time of the case;

1. Article 3 (1) and Article 2 (1) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes, Articles 2 (1) and 2 (1) of the Criminal Act, Article 283 (1) of the Criminal Act and Article 257 (1) of the Criminal Act concerning the crime (the point of injury and the choice of imprisonment with labor);

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (within the scope of the sum of the long-term punishments in two crimes);

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Although it is necessary to strictly punish the defendant in light of the fact that the reason for sentencing under Article 62(1) of the Criminal Act is very dangerous, the defendant recognized the facts charged in this case and reflects his mistake.

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