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(영문) 수원지방법원 안산지원 2014.08.26 2014고단1534
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 May 26, 2014, around 00:20 on May 26, 2014, the Defendant used a large-scale Raber (60 centimeters in length) which is a dangerous object that had been kept in his own vehicle, as the Defendant was assaulted by using his name-free boxes in front of the “Large World Hop”, which is a two-way route for the husband and wife of Ansan-si, Ansan-si. On the other hand, the Defendant reported this to the victim, and was able to see that the victim was the one of the persons who assaulted himself, and was able to see the victim’s head after the left side of the said victim, and was fluencing the days of treatment.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol against the defendant and C;

1. Police seizure records;

1. Application of the Acts and subordinate statutes governing victim photographs and large drone photographs;

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. The reason for sentencing under Article 62(1) of the Act on the Suspension of Execution is large drones, which are dangerous things of the defendant, in that the act of the victim's head may inflict a serious injury on the victim. However, the crime is deemed to have been committed as a result of the victim's conduct and vision, and the victim and the victim appear to have been committed as contingent. The defendant did not have any record of punishment for the same kind of crime except for the criminal record of a fine concerning driving, and there is no record of punishment for the same crime. Other punishment should be imposed according to the sentencing guidelines in consideration of the defendant's age, character and behavior, environment, motive, means and consequence of the crime of this case, the motive and circumstance before and after the crime of this case, and other circumstances shown in the records of this case.

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