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(영문) 수원지방법원 여주지원 2013.10.28 2013고단790
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 09:30 on May 12, 2013, the Defendant, at the victim D’s container residence located in Ischeon-si, on the ground that the Defendant had been aware of the victim before, and did not receive the victim’s death even after being sentenced to death, the Defendant sent the victim’s face at 2-3 times in drinking, collected the son’s disease, which is a dangerous object, one time in order to take the head of the victim’s body, and threatened the victim by gathering the son’s disease from the son’s body to the extent that the son’s body was broken, being pushed down, being tight, and being pushed into the victim’s body.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning suspect examination of D;

1. Statement of the police statement of E;

1. Application of Acts and subordinate statutes on site 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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., the confession and reflectability of the defendant, and the fact that the victim does not want the punishment of the defendant);

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2(1) and the main sentence of Article 62-2(2) of the Criminal Act and Article 59 of the Act on Probation, Etc. [the scope of punishment] The period of imprisonment from one year and six months to fifteen years [the decision of sentence] crime group, habitual injury, repeated injury, special injury, and Type 1 [special person] special person under special mitigation: A person not subject to punishment [the scope of recommendation] [the scope of recommendation] imprisonment from one year and six months to two years and six months (the area of general punishment] under general mitigation: There is no person subject to suspended sentence [the case of a person under general mitigation]. There is no reason for general reference (the case of a person who committed a crime with dangerous articles carrying the same kind of things] There is no reason for punishment (the decision of sentence]

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