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(영문) 수원지방법원 안산지원 2015.11.05 2015고단2826
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

The defendant is the employee of the company run by the victim C(the age of 47) who is subject to the victim's punishment.

At around 00:30 on June 16, 2015, the Defendant: (a) while drinking alcohol together with the victim at the E main store located in Ansan-si, Ansan-si, the Defendant: (b) caused an injury to the victim due to the number of days of treatment by gathering beer disease, which is a dangerous object on the table; (c) having two times the head part of the victim’s head, and having the victim tear the victim’s right side.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of C and F;

1. Application of each statute on photographs of damage;

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 Criminal Code of the Social Service Order and Article 59 of the Act on Probation, etc. [Scope of Recommendation] The mitigation area (one year and six months to six months), the mitigation area (one year and six months), the punishment not (including a serious effort to recover damage), or the recovery of considerable damage (the decision of the sentence] of the crime of this case is that the defendant inflicted a bodily injury on the victim at the prices of beer disease twice the head part of the victim in the form of beer disease, and it is not good that the crime of this case is committed, and thus, it cannot be said that the defendant was less liable for the crime of this case because he could inflict a serious bodily injury on the victim.

However, the above elements of sentencing regarding this case are comprehensively taken into account the following factors: the defendant's perception of and reflects the defendant's criminal act; the victim does not want the punishment against the defendant under an agreement with the victim; the relationship between the defendant and the victim; the defendant's age, environment; the motive, method and consequence of the crime; and the circumstances after the crime.

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