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(영문) 수원지방법원 안양지원 2013.10.10 2013고단850
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

except that 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

On July 3, 2013, around 06:55, the Defendant, at the home of the victim D (the age of 58) who had been in the influence of alcohol with the victim on July 3, 2013, sustained the victim's head at one time due to beer disease, which is a dangerous thing that the victim sleeped and brought about, and caused the victim's head at one time, and the victim's head cannot be identified.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. Application of statutes on site photographs;

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 or 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., that the injured party is not subject to the punishment of the accused and that the accused is in depth against his/her depth);

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for discretionary mitigation)

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