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(영문) 수원지방법원 안산지원 2014.05.28 2014고단810
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Criminal facts

At around 02:25 on December 28, 2013, the Defendant cited a beer disease, which is a dangerous object on the table, and continuously strings the victim’s face face and hand, one time, while holding the beer disease on several occasions, at the main point of “E” operated by the victim D (n, 43 years of age) of Silung City, on the ground that the service does not appear in mind. In addition, the Defendant used the beer disease, which is an object dangerous to the face of the victim F, one time.

As a result, the defendant carried dangerous objects and put the victim D into a medical room for about three weeks to the left side of the victim D, and put the victim F into a medical room for the left side of which the number of treatment days cannot be known.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of police suspect regarding D;

1. On-site and photographs of damaged parts;

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

1. Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act concerning facts constituting an offense, and Article 257 (1) of the Criminal Act;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (hereinafter referred to as the following grounds for sentencing);

1. Article 62 (1) of the Criminal Act (Concurrent Consideration for sentencing)

1. The crime of this case on the grounds of sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Probation, etc. Act is a case where the defendant inflicts bodily injury on the victims with dangerous articles. Considering the unfavorable circumstances such as the victim's relatively serious injury by using a shoulderer beer, which is a dangerous article, the defendant is aware of the crime of this case and reflects his mistake in depth. The victim's agreement is favorable circumstances such as the victim's failure to want punishment, and all of the sentencing conditions stated in the trial of this case shall be determined as the disposition of this case.

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