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(영문) 수원지방법원 여주지원 2015.07.17 2015고단450
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 became final and conclusive.

Reasons

Punishment of the crime

At around 01:00 on March 8, 2015, the Defendant listened to the horses of the Defendant that “it is not entitled to become the husband of the Defendant’s spouse (the spouse of the Defendant)” by telephone from the natives of the Defendant’s wife due to the influence of alcohol in front of the Defendant’s house located in G, and marked off from the house to the outside of the house.

Under the influence of alcohol, the Defendant, without any particular reason, injured the victim D (year 31) who was on the said alleyway, of “I wish to die, I wish to die,” and of the excessive excess, which is a dangerous object, in the part of the victim, with the face of the victim 10 times in time, with the victim’s hair collection, and the face of the victim 5 times in time, with the victim’s face taken over 4 weeks in time.

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

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of the E, D, and F;

1. Photographs and photographs;

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. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., circumstances favorable to the following reasons for sentencing):

1. The crime of this case on the grounds of suspended sentence under Article 62(1) of the Criminal Act (refluence of favorable circumstances among the reasons for sentencing) is committed by the defendant without any criminal force prior to the crime of this case, and the crime of this case is deemed to have been committed by the defendant with no criminal force under the influence of alcohol, and the nature of the crime is not good. However, on the other hand, the defendant is under the influence of his criminal act, and the defendant does not wish to punish the defendant, and the defendant is the first offender who has no criminal force prior to the crime of this case.

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