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(영문) 수원지방법원 2014.08.25 2014고단3552
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 02:00 on June 14, 2014, the Defendant: (a) caused the victim D (Nam, 32 years of age) who is a company partner in the street in front of the Sinsung City, to go badly at the company's meeting place; (b) caused the victim's clothes to the victim; and (c) caused the victim's hair one time with each item, which is a dangerous object, to put about two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

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 reason for sentencing under Article 62-2 of the Probation Criminal Act [Scope of Recommendation] Special Injury (Special Bodily Injury) shall be mitigated (one year and six months to two months), the area of mitigation (including special mitigation), the area of punishment not subject to punishment (including serious efforts to recover damage), or where considerable damage has been recovered, the scope of sentence comparison between the applicable sentencing and the recommended sentencing: Within the scope of recommendation sentencing set by sentencing guidelines between one year and six months (decision of sentencing) and two years and six months (decision of sentencing): the sentence against the accused shall be set by one year and six months, and the execution of the sentence shall be postponed for a certain period of time.

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