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(영문) 수원지방법원 안산지원 2014.07.23 2014고단558
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

On February 16, 2014, the Defendant: (a) around 05:00, around the residence of a woman-friendly woman-friendly job offer D, which is located under 103 of the Y-gu, Ansan-gu, Ansan-si, the Defendant: (b) reported D through windows that D was accompanied with the victim E (33 years of age); and (c) made the victim “out” voice, but the victim did not take out, but she was at the close of the windows, she was at the right angled, she was 15cm away from the windows, she was at the risk of the dangerous object (15cm, 10cm in length, 10cm in length).

As a result, the Defendant carried dangerous things and inflicted injury on the victim, such as a felring, in need of treatment for about three weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and D;

1. A written diagnosis of injury;

1. Investigation report (Attachment, etc. of an acting photograph used by a suspect for committing a crime), application of photographic Acts and subordinate statutes;

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. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 201Da1548, Jan. 1, 201; Supreme Court Decision 201Da1548, Jan. 2, 201; Supreme Court Decision 201Da11448

1. Suspension of execution: Article 62 (1) of the Criminal Act ( repeatedly considering extenuating circumstances in discretionary mitigation);

1. Probation: The main sentence of Article 62-2 (1) and (2) of the Criminal Act;

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