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(영문) 수원지방법원 안산지원 2013.06.11 2013고단256
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 became final and conclusive.

Reasons

Punishment of the crime

At around 19:35 on January 23, 2013, the Defendant, while drunk at the lodging room of the company located in Ansan-si C303, the Defendant: (a) released a fluor’s disease, which was in a way of living in a night, from the wall to the victim D (the age of 45) who was living in a night with a view to drinking, without any reason; and (b) broken the fluor’s disease, which is a dangerous object, and caused the victim’s fluor’s injury to which the number of treatment days cannot be known to the victim once.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement made to D by the police;

1. Related photographs;

1. Application of Acts and subordinate statutes to investigation reports (where evidence is recorded nine pages);

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 (the point of inflicting an injury on a dangerous object);

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (the degree, etc. of injury inflicted by the victim);

1. It is so decided as per Disposition on the grounds of Article 62(1) of the Criminal Act or more (i.e., that the defendant is against the defendant, that there is no previous conviction in the same kind, and that the victim does not want the punishment of the defendant);

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