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(영문) 수원지방법원 평택지원 2013.09.12 2013고단842
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for not less than one year and 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

On June 22, 2013, the Defendant: (a) around 23:25, at the “Dju store” located in Pyeongtaek-si C, brought an injury to the victim, such as the victim’s face at five times in drinking, and the beer’s face, which is a dangerous object on the table, was collected from the victim’s face; and (b) the victim got approximately twenty-eight days of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. An interrogation protocol of E;

1. A written statement;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

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 crime of this case on the grounds of sentencing under Article 62(1) of the Criminal Act is a case where the defendant inflicts bodily injury on the victim due to beer disease, which is a dangerous object, and the method and result of the crime are not exceptionally applied in light of the method and result of the crime.

However, the suspension of execution is to be imposed after discretionary mitigation of statutory punishment, considering various sentencing factors, such as the defendant's age, occupation, and background leading to the crime, including the fact that the defendant recognized the crime and committed a mistake, that the defendant agreed smoothly with the victim, that the defendant did not have any previous conviction, and that there was no criminal conviction exceeding the fine.

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