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(영문) 수원지방법원 2014.05.21 2013고단5321 (2)
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

At around 00:55 on September 18, 2013, the Defendant drinked alcoholic beverages with “D cafeteria” located in Suwon-gu, Suwon-si, E, E, F, and G. However, G ranced the victim’s face one time on the ground that the victim H(29 years of age and South) she changed his/her face. The Defendant, F, and G took part of the victim’s face, and the Defendant, F, and G took part of the victim’s face.

The defendant, E, F, and G continued to go away from the defendant, E, F, and G, and the victim f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f

In this way, the defendant, in collusion with E, F, and G, carried dangerous objects and carried them with the victim with the left shoulder part where it is impossible to identify the days of treatment.

Summary of Evidence

1. The defendant's partial statement in the fourth protocol of trial;

1. Statements made to E in the second trial records;

1. Partial statements about F and G in the second protocol of the trial;

1. Each prosecutor's interrogation protocol concerning E and H;

1. Each police interrogation protocol on the accused, E, F, H, and G;

1. Each police protocol of statement against I, J, K, L, and M;

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

1. Each photograph (Evidence Nos. 3, 9, 10, 18, 24);

1. Application of CCTV image data CD-related Acts and subordinate statutes;

1. Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act concerning the crime concerned, Articles 257 (1) and 30 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Suspension of execution under Article 62 (1) of the Criminal Act ( comprehensively taking into account all the circumstances, such as the fact that there is no particular domestic criminal history against the defendant, the fact that the defendant agreed smoothly with the victim, the extent to which the defendant was committed, and the final sentence against some accomplices);

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