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(영문) 수원지방법원 2014.10.15 2014고단4362
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

Defendant

A shall be punished by imprisonment with prison labor for a year and six months, and by imprisonment with prison labor for a period of four months.

However, from the date this judgment became final and conclusive, Defendant.

Reasons

Punishment of the crime

1. On July 31, 2014, at around 00:20, Defendant A brought a dispute with the victim B at the end of the Hyundai Apartment 106, the 106th head and the body part of the victim, which was in possession, around July 31, 2014, at around 00:20, at the end of the 106th head and body part of the modern apartment, which was in possession, 30cm once. The Defendant was at the time of the victim’s head and body part.

In this way, the defendant carried dangerous objects and carried them for about three weeks to give medical treatment to the victim.

2. At the above time and place, Defendant B, against the above act of the victim A, destroyed the victim’s breath and breath, followed the victim’s face and body part by drinking and breath, followed up about four weeks of treatment. In addition, Defendant B, against the above act of the victim A, had the victim’s face and body part.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police interrogation protocol against the Defendants

1. Each photograph;

1. Application of Acts and subordinate statutes of each injury diagnosis letter;

1. Article 3 (1) and Article 2 (1) 3 of the Punishment of Violences, etc. Act and Article 257 (1) 2 of the Criminal Act: Article 257 (1) of the Criminal Act (elective of Imprisonment)

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

1. The reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution under Article 62(1) of the Criminal Act are as follows: Defendant A [type of crime] - Class A of the Special Injury resulting from a violent crime group - The mitigated element of punishment [the scope of area and recommendation] - the mitigated element of imprisonment [the mitigated range] - one year and six months from imprisonment to two years and six months [the suspended execution three years from one year and six months] - The defendant recognized his mistake - the fact that the defendant agreed with the victim, the fact that the defendant agreed with the victim, and the criminal records of the defendant, etc.

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