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(영문) 수원지방법원 2014.05.22 2014고단1813
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 March 12, 2014, the Defendant 23:00 "Dju's store located in C", which is a workplace partner E (Nam, 39 years of age) and the main disease of the victim, which is a dangerous object due to a serious dispute between the parties and the parties in drinking, left the head of the victim, and went about about 3 weeks of treatment for the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Application of Acts and subordinate statutes of each injury diagnosis letter;

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. Where the reason for sentencing under Article 62 (1) of the Criminal Act (amended by Presidential Decree No. 62 (1) of the Criminal Act (amended by Presidential Decree No. 1) type 1 (Habitual Injury, Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodily Injury), the punishment for mitigation factors (including serious efforts to recover damage), or considerable damage has been restored [the scope of recommendation area] mitigation area [the scope of recommendation area] one year and six months from June to two years [the scope of general persons] mitigation factors] there is no record of reflect punishment (the scope of punishment [the range of punishment] mitigation of punishment for three years to thirty years, statutory mitigation of punishment for 1 year and thirty years: 15 years [whether suspended of sentence] major reference grounds for sentencing: Whether there is no positive criminal punishment; the sentencing guidelines for a suspended sentence of imprisonment for one year or more from six years to six years; the sentencing guidelines for the defendant shall be determined within the range of one year to six months from six years from the sentencing period; and the sentencing guidelines for one year or more [one year period of six years from six].

b. It is so decided as per Disposition for more than one reason.

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