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(영문) 수원지방법원 안산지원 2013.11.13 2013고단2028
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On July 12, 2013, the Defendant violated the Punishment of Violences, etc. Act (injury by group, deadly weapons, etc.) reported that the wife of the Defendant C drinks alcohol together with the victim D in a park located in the Sindo-dong 1581 on July 12, 2013, the Defendant left the victim’s left arms and continued to drink the victim.

In this respect, the defendant used dangerous objects to put the victim into the heart of the whole part of the left-hand side in need of treatment for about four weeks.

2. When the victim C, who is the wife of the defendant at the time and place set forth in paragraph (1), was unable to control the defendant's assault, the victim was drinking and saling out, and the victim was saluted on the floor, and the victim was saluted by taking the victim on the floor, and the victim was under approximately six weeks of saluted salute-gu off saluted salute which require treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C or D;

1. A medical certificate of injury, and a written opinion;

1. Application of Acts and subordinate statutes to photograph victims;

1. Article 3 (1), Articles 2 (1) 3, 257 (1) and Article 257 (1) of the Criminal Act concerning facts constituting an offense, and Articles 3 (1), 2 (1) 3, and 257 (1) of the Punishment of Violences, etc. Act (the occupation of an injury and the choice of imprisonment with labor);

2. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and the proviso of Article 50 and Article 42 of the Criminal Act;

3. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (the consideration that the defendant has completed an agreement with the victims);

4. Suspension of execution under Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act (Article 62 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents) (Article 62 (1) of the same Act (Article 62 (1) that the defendant has committed a crime in this case, committed a mistake while leading to the confession of the crime in this case, agreed

5. Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc., of orders to provide community service and attend lectures;

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