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(영문) 수원지방법원 평택지원 2013.07.04 2013고단614
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 22:30 on April 23, 2013, the Defendant collected beer disease, which is a dangerous object on the table, and went back to the new wall at the DIP room of the E organization on the same day without returning home at the latest. However, in line with the victim’s left head, the Defendant collected beer disease, which is a dangerous object on the table, and went back to the table, and went back to the two parts of the number of days of treatment for the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol of statement to F;

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. The crime of this case with the reason of sentencing under Article 62-2 of the Social Service Order Criminal Act is a case where the defendant was faced with a beer disease, which is a dangerous thing for the victim, and the crime is not less severe in light of the method and result of the crime.

However, the suspension of execution is to be imposed on the condition of community service order through discretionary mitigation of statutory punishment by taking account of various sentencing factors, such as the defendant's age, occupation, and criminal records, including the fact that the defendant recognized the crime and committed a mistake, the defendant agreed smoothly with the victim, etc.

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