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(영문) 수원지방법원 성남지원 2015.12.18 2015고단2415
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 of the final judgment.

Reasons

Punishment of the crime

On October 3, 2015, at around 02:05, the Defendant inflicted injury on the victim’s head, such as brain, which requires approximately three weeks of medical treatment, on the ground that the victim E puts the victim E to a singinginging room business operator, and that the victim E puts the victim’s head at hand, which is a dangerous object located in front of the entrance.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

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. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act [Scope of Recommendation] Habitual Injury, Bodi Bodi Bodi Bodi Bodily Injury, and Special Bodi Bodi Bodily Injury (Habitual Injury, Bodi Bodily Injury) [Special Mitigation] Punishment and Non-Punishment (Pronouncement Decision ] of the mitigated area (one year and six months through two years and six months), and the crime of this case was committed by the defendant as fire extinguishers who is dangerous goods of the defendant and caused bodily injury in consideration of the victim's head head. Although the crime of this case is not easy, the victim is not punished by agreement with the victim, the defendant does not wish to commit the crime, the defendant's awareness and reflects the crime, the defendant has no record of punishment heavier than the suspended sentence due to violence, and the defendant has no record of punishment heavier than the suspended sentence due to violent crimes, and other various conditions of sentencing as indicated in the arguments of this case, the court is ordered to suspend the execution

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