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(영문) 수원지방법원 안양지원 2014.08.12 2014고단595
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for three years.

However, the execution of the above punishment shall be suspended for four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

피고인은 2014. 2. 24. 02:00경 안양시 동안구 D 빌딩 지하 1층 복도에서, 피해자 E(18세)가 피고인이 정리해놓은 분리수거통을 발로 찼다는 이유로 화가 나, 분리수거통 옆에 있던 위험한 물건인 소주병으로 피해자의 오른쪽 눈 부위를 내리쳐, 피해자에게 약 8주간의 치료가 필요한 안구파열 및 안면신경 손상 등을 가하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. An injury diagnosis report, opinion, and medical certificate;

1. Application of field photographs, victim photographs, and statutes;

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. 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: A person who is under a special area (two to four years) of the basic area (two years) of habitual injury, repeated injury, special injury resulting from repeated injury (special injury resulting from repeated injury) between two years and four years: A person subject to special mitigation of an injury who is under a special mitigation of an injury: A person not subject to punishment;

2. The Defendant, without any particular reason, has inflicted injury on the victim who is 18 years of age due to an injury, such as eye and face, by leaving the right eye and face of the victim who is 18 years of age due to an injury. In light of the Criminal Procedure Act and the result of the crime, there are no special circumstances to consider the motive for the crime, but the nature of the crime is very poor; however, the Defendant deposited KRW 200 million for the victim, and subsequently agreed with the victim, and the Defendant has no power to commit the crime other than three times of fine, etc., the sentence shall be determined like the order, taking into

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