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(영문) 수원지방법원 안양지원 2013.10.29 2011고단688
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
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

At around 22:10 on May 17, 201, the Defendant 22:5 stories 507 of the Domotoir Domoto in the Gu C during the game, and the victim E (50 years of age) saw the Defendant as drinking alcohol up to late at night and interfered with the water surface, and saw the Defendant as flick, which is a dangerous object in the Defendant’s home room (15cm in length) and flicked the victim’s head at one time, the Defendant saw the victim as two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Statement of the police statement of E;

1. The application of the investigation report (the contents of opinions regarding the degree of injury), the application of photographic Acts and subordinate statutes;

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. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 201Do354, Apr. 1,

1. The reason for sentencing under Article 62(1) of the Criminal Act (recognating the reason for discretionary mitigation) was that the victim does not want the punishment of the defendant, the degree of injury, etc., and the circumstances after the completion of the sentence as set forth in the text.

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