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(영문) 수원지방법원 성남지원 2013.04.08 2013고단503
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

On February 17, 2013, the Defendant, at the Sinnam-si A around 22:05, carried out a dispute in front of the above C with the victim D’s drinking while drinking together with drinking, and had the victim take a bath from the victim, and had a deadly weapon, etc., a deadly weapon, which was contained in the Defendant’s mountain room for the use of the Defendant’s mountain, put about about 23 cm to the victim once a fuckbbbbbbbbbbbbb bridge requiring treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. The police seizure record and the list of seizure;

1. Application of the photographic Acts and subordinate 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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (including the fact that he/she voluntarily surrenders, the fact that he/she has agreed with the victim, and the fact that he/she repents his/her depth);

1. Article 62 (1) of the Criminal Act on the suspended execution ( normal circumstances in which reasons for discretionary mitigation are stated);

1. The sentence shall be determined as ordered within the scope of the recommended sentence (the area of mitigation of type 1 for special injury resulting from violence) taking into account all kinds of sentencing factors revealed through evidence and oral proceedings adopted and examined by this court for sentencing under Article 48(1)1 of the Criminal Act.

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