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(영문) 수원지방법원 평택지원 2015.09.10 2015고단912
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 08:00 on March 14, 2015, the Defendant, at the D restaurant located in Pyeongtaek-si C, gave rise to a dispute with the rest of the toilet that the Defendant was the victim E (the 21-year-old age), and tried to hear the bath from F, and caused the injury to the victim, such as a ice lease, which is a dangerous object in ice ice c, due to the face of the victim who was a dangerous object of ice crying F, was able to mislead F.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to damaged photographs and diagnostic certificates;

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. Determination on the application of sentencing guidelines to the reasons for sentencing under Article 62-2 of the Criminal Act for probation and community service order: The scope of recommending sentencing guidelines for the application of the lower limit: consideration of all circumstances, including the fact that there is no power to commit a crime, except for those sentenced to a fine of anO for the mitigation area (one year and six months to two months) of category 1 of special injury (special injury).

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