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(영문) 수원지방법원 평택지원 2015.06.26 2015고단627
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 22:00 on April 5, 2015, the Defendant reported that the victim E (the 43 years of age) was engaged in physical fighting, such as f and breathing, on the ground that the Victim E (the 43 years of age) committed a wrong calculation of the F's scores, and that the F and breath sawd F and the breath saw, and caused the victim's injury to the victim by taking advantage of the f and breath's disease, which is a dangerous object on the table, and by taking advantage of the dangerous object on the table, and by threatening the victim's head at the victim's item, and by threatening the victim "the bat bat bat c" for about two weeks of medical treatment.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement concerning E and G;

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 Social Service Order Criminal Act [Scope of Recommendation] : (a) type 1 (Habitual Injury, Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodily Injury) (1 and 6 months) where the victim is also liable for the occurrence of a crime or the expansion of damage (the decision of sentence] method of a crime is very dangerous; (b) the victim’s injury is not less vulnerable to the defendant; (c) the defendant recognized the facts charged in this case and reflects his mistake; (d) the defendant committed a contingency under the influence of alcohol; (e) the victim is deemed to be liable to some degree of the occurrence of a crime; (e) the defendant is more likely to be punished by a fine; and (e) the other circumstances indicated in the records, such as

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