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(영문) 수원지방법원 2015.05.28 2015고단1012
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 02:50 on January 2, 2015, the Defendant violated the Punishment of Violences, etc. Act (a collective injury, etc., resulting in bodily injury) sustained injury from the victim E (the age of 46) with his/her main store operator and the related person E (the age of 46) who was involved in the incident, while making an oral dispute with him/her at hand, resulting in an injury for which the number of days of treatment could not be known to the victim due to his/her loss, etc., due to his/her main store operator and the related person E (the age of 46).

2. The injured Defendant committed assault to the victim F (the age of 41) who restrains the Defendant at the time, place, and the victim F (the age of 41), and the victim’s breath, breathing the breath, and cutting off the floor, etc., thereby stopping the victim’s right end with which the number of days of treatment cannot be identified.

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol regarding F;

1. E statements;

1. Application of statutes on field photographs;

1. Article 3 (1) and Article 2 (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes, Articles 2 (1) and 2 (1) 3 of the Criminal Act, Article 257 (1) of the Criminal Act and Article 257 (1) of the Criminal Act (the point of injury and the choice of imprisonment with labor);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 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. Reasons for sentencing under Article 62-2 of the Criminal Act for probation and community service;

1. The scope of punishment in violation of the Punishment of Violences, etc. Act (referring to the scope of recommendations) [the scope of punishment] according to the sentencing guidelines and the scope of final sentence due to the mitigated area (referring to two to one year and one year), the mitigated area (one year and six months through two months), the mitigated area (referring to the special mitigation area] of types 1 (referring to the scope of recommendation), the mitigated area (referring to two to one year), the mitigated area (referring to a special mitigation area) of types 1 (referring to two to one year), the mitigated area (referring to a special mitigation area) of the mitigated area; one year and six months to three years;

2. The circumstances presented as a special mitigation of sentence, together with the circumstances presented as a special mitigation of sentence, in which the accused is seriously against it.

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