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(영문) 수원지방법원 2015.06.11 2015고단1178
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
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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

The Defendant worked as the victim D(the age of 43) at the place of massage treatment in the “C” place. However, the Defendant thought that the victim’s drinking was only the victim’s massage treatment place and found the victim.

On February 1, 2015, at around 00:56, the Defendant: (a) discovered the victim’s talk in the “C” massage procedures located in Seongbuk-gu, Sungnam-si; (b) but, on the ground that the victim refused it, was suffering from a fracker, a dangerous object in front of the crackter on the ground that the victim refused it; (c) collected the victim’s face; and (d) caused the victim’s injury, such as the fracking of the frackter, which requires approximately three weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A written diagnosis and a written confirmation of hospitalization;

1. Application of the 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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. Reasons for the sentencing of Article 62-2(1) of the Criminal Act, the main sentence of Article 59(1) of the Act on Probation, etc. [Scope of Recommendation] The mitigated area (one year and six months to two years), the mitigated area (one year and six months to six months), the penal penalty not (including advanced efforts to recover damage), or considerable damage (including decisions of sentence]; one year and six months of suspension of execution; two years of suspension of execution (the fact that the defendant agreed with the victim; the degree of injury suffered by the victim; the defendant has no criminal record other than the fine; etc.); and

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