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(영문) 수원지방법원 안산지원 2017.06.08 2006고단2251
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

The defendant is a trainee in the Switzerland's nationality industry.

On August 6, 2006, the Defendant: (a) around 04:05 on the street with 10 people, including D of the same nationality, in front of the convenience store in Ansan-si, a member of the Dong-gu, Asan-si; (b) under the influence of alcohol, the E of Russia, who was under drinking at the same place, changed alcohol to the Defendant, etc.; (c) changed alcohol to assist the Defendant, etc. to have an assault from the above D; (d) the victim F (35 years of age) and the victim G (27 years of age) and the victim G (27 years of age) who had fluencing the above f's arms, which are dangerous goods after her flusing, thereby overcoming about about 4 weeks of the above F's arms, and continued to take over the above f's f's f's f's chine treatment; and (b) continued to take over the above f's f's chine treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution with regard to G;

1. Each police statement made with respect to E, H, I, G, and F;

1. A written opinion on the F and a medical certificate on G;

1. Application of relevant Acts and subordinate statutes to each relevant photograph;

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of small amount of punishment (the following favorable circumstances among the reasons for sentencing) is that the defendant is admitted to his mistake, the fact that an agreement is made with the victim G and the victim does not want to punish the defendant, the victim did not reach an agreement with the victim F, but the victim did not want to punish the defendant (the 98th page of the evidence record), and the fact that the victim did not have any record of punishment for the defendant in the Republic of Korea is favorable.

However, the crime of this case is not appropriate in light of the applicable law, the circumstances, and the degree of injury suffered by the victims, and the defendant leaves the Republic of Korea during the trial.

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