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(영문) 수원지방법원 안양지원 2014.12.18 2014고단1487
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for not more than ten months.

The defendant pays medical expenses of KRW 497,970 to the applicant for compensation.

3.2

Reasons

Punishment of the crime

On August 19, 2011, the Defendant was sentenced to six months of imprisonment with prison labor for larceny, etc. in Suwon District Court, and completed the execution of the above punishment on November 7, 2011.

On August 23, 2014, around 03:25, the Defendant: (a) 03:25, the Defendant: (b) brought the head of the Victim C (hereinafter referred to as “C”) who was seated on the road front of the E Convenience point located in Ansan-si D without any reason; (c) brought the Victim C (hereinafter referred to as “V”), a dangerous object, one time of the victim’s head, and (d) brought about two open tops in need of approximately one week treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement to C by the police;

1. Each investigation report (the diagnosis and credit photograph submitted by the victim, the hearing of the victim C's testimony, the hearing of witness F's testimony, and the confirmation of the victim's intention to punish the suspect);

1. Previous convictions in judgment: Application of Acts and subordinate statutes to criminal records, investigation reports (a certified fixed date and report on the expiration of term);

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. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act among repeated offenders;

1. Articles 10 (2) and 55 (1) 3 of the Criminal Act that are legally mitigated;

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

1. Articles 25 (1) and 31 of the Act on Special Cases concerning the Promotion, etc. of Orders for Compensation and Sentence of Provisional Execution;

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