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(영문) 수원지방법원 성남지원 2014.09.18 2014고단1512
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

1. The defendant shall be punished by imprisonment with prison labor for one and half years;

2.However, the execution of the above imprisonment for a period of three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On April 5, 2014, the Defendant violated the Punishment of Violences, etc. Act (injury by collective action, deadly weapons, etc.) committed an injury to the victim by gathering a brick, which is a dangerous object on the Defendant’s breath and breath’s breath’s breath’s breath, in front of Songpa-gu Seoul Metropolitan City, with the victim D, knowing that the victim would have attempted to kill the Defendant by drinking alcohol together with the victim D, while drinking the victim’s face. In addition, the victim took care of the victim’s head by gathering a brick, which is a dangerous object on the Defendant’s breath’s breath’s breath and was in need of approximately two weeks’ treatment.

2. The Defendant assaulted the victim E, who was wraped with D as described in the foregoing paragraph 1, that is, the victim E, who was wraped with D, refers to “pather shall be treated as “pather,” and the victim was boomed by hand on several occasions by the victim’s chest.

Summary of Evidence

1. Defendant's legal statement;

2. Examination protocol of police suspect regarding D;

3. Statement of the police officer to E;

4. Application of Acts and subordinate statutes to investigation reports (Attachment of a medical certificate for injury).

1. Relevant Article of the Criminal Act, Articles 3 (1) 3 and 2 (1) 3 of the Punishment of Violences, etc. Act concerning the crime, Article 257 (1) of the Criminal Act, Article 260 (1) of the Criminal Act;

2. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

3. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

4. Article 62 (1) of the Criminal Act;

5. The reasons for sentencing under Article 62-2 of the Criminal Act on probation and community service order are: (a) a defendant was sentenced to imprisonment for 2 years and 6 months as a result of rape, injury, or rape in 2010; and (b) a year has not passed since the grace period has expired; and (c) the fact that the crime of this case was committed since one year has not yet passed since the expiration of the grace period is disadvantageous to the defendant; and (d) a defendant was committed under a mutual agreement with the victim D only with the victim that the above victim did not want the punishment of the defendant

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