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(영문) 수원지방법원 2014.06.13 2014고단1865
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

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

Criminal facts

At around 01:00 on February 24, 2014, the Defendant: (a) under the influence of alcohol, took a dangerous object ( approximately 90 cm in length, approximately 20 cm in diameter) on the part of the Defendant, which was parked in the Fpoter II cargo vehicle owned by the Defendant, and was parked at the same time due to the collision between the victim E (the age of 45) and the shoulder on the D road located in Suwon-gu Suwon-gu, Suwon-si, Suwon-si; and (b) took two times the left part of the victim, such as the right hand hand, etc., at one time, string the right hand on the day of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding E;

1. A E-document;

1. Application of Acts and subordinate statutes concerning photographic images;

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 10 (2) and (1) and 55 (1) 3 of the Criminal Act, which are legally mitigated;

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

1. Reasons for sentencing under Article 62 (1) of the Criminal Act of the suspended sentence [Scope of Recommendation] : Type 1 (Habitual Injury, Bodi Bodily Injury, Bodily Injury, Special Bodily Injury) (Special Mitigation From September to February 2) (Special Mitigation Zone] : Imprisonment with labor, mental or physical disability, and non-prosecution of punishment (decision of sentence): Ten months: Imprisonment with labor, two years in the suspended sentence (the fact that the defendant is against the defendant, the fact that the victim is not subject to the punishment of the defendant, the fact that the victim is not subject to the punishment of the defendant, and the fact that the defendant is not subject to the imprisonment with labor).

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